Washington Probate Deadlines & Key Rules
The dates and rules that matter when there is a house, each with its statute. Tap a question below for the explanation.
Key questions
Does every estate need probate?
No. Probate is needed for property titled in the person's name alone with no beneficiary named. Property that passes by title or designation does not go through it: a house in a living trust, a house held in joint tenancy with right of survivorship, a house with a transfer on death deed recorded before the death, and accounts or policies with a living beneficiary. Married couples and registered domestic partners often use a community property agreement, which can pass all their property to the survivor without probate.
If everything in the person's name, real estate included, is worth $100,000 or less after liens, a successor can collect it with a small estate affidavit 40 days after the death. That affidavit cannot transfer real estate, so a house in the person's name alone usually means probate, however small the rest of the estate is.
Who has authority to sell the house?
For a house that goes through probate, only the personal representative, and only after the superior court appoints them and issues letters. Being named executor in the will does not give that authority on its own, and neither does being an heir. A power of attorney ends at death, so the parent's agent cannot sell either.
A house in a living trust is sold by the successor trustee, usually with a certification of trust for the title company. A house held in joint tenancy with right of survivorship belongs to the surviving owner, who records proof of the death with the county and can then sell.
Can the house be sold while probate is open?
Usually, yes. Most Washington estates are administered with nonintervention powers, which let the personal representative sell, lease or mortgage real estate "without an order of the court." The sale does not have to wait for the creditor period to end. Only a solvent estate qualifies. Without nonintervention powers, a sale generally needs a court order, then a report of sale and the court's confirmation, under chapter 11.56 RCW, unless the will itself directs or authorizes the sale.
Heirs can file a request for special notice to be told when the inventory, petitions, accounts or the declaration of completion are filed. A sale under nonintervention powers involves no court filing, so it brings no notice; heirs who want to know about a sale should ask the personal representative directly.
How long does probate take?
There is no fixed length, but the creditor period sets a floor. Creditors have four months from the first publication of the notice to creditors (RCW 11.40.051), so few estates close in less than about five or six months, and many take a year or more when there is a house to sell, a tax return to file or a disagreement to resolve. An estate with nonintervention powers closes with a declaration of completion, which becomes final if no one asks the court to review it within 30 days.
What is the house worth for the estate?
The estate's inventory values everything as of the date of death (RCW 11.44.015), and that same date-of-death value is generally the heirs' new federal tax basis when they sell (26 U.S.C. § 1014). A certified appraiser can value a house as of the date of death even months later, in a retrospective appraisal. A broker's market analysis helps set a list price, but it is not an appraisal.
What taxes apply?
Washington has its own estate tax. For deaths from July 1, 2026 the exclusion is $3,000,000 and rates run from 10 to 20 percent. The figures depend on the date of death: $3,076,000 for deaths from January to June 2026, and rates of 10 to 35 percent for deaths from July 1, 2025 to June 30, 2026 (Department of Revenue). The federal estate tax starts far higher: $15 million per person for deaths in 2026 (IRS).
Inheriting a house does not trigger the real estate excise tax, but selling it to a buyer does, as with any sale. Washington's capital gains tax does not apply to real estate. Federal capital gains tax applies only to gain above the stepped-up basis, which is often small when an estate sells soon after the death.
What about the person's debts and Medicaid?
Debts are paid from the estate, not by the heirs personally (though someone who receives a nonprobate asset can be required to contribute). The personal representative publishes a notice to creditors and must mail a copy to the DSHS Office of Financial Recovery (RCW 11.40.020). If the person received Medicaid long-term care at 55 or older, or state-funded long-term care at any age, the state can claim repayment from the estate and from nonprobate assets such as a house passing by transfer on death deed (RCW 43.20B.080, 74.39A.170). That claim can take much of the proceeds of a parent's house. Ask the estate's attorney about it early.
What if the heirs disagree?
Most disagreements are about value or timing, and an independent appraisal everyone relies on settles many of them. Heirs can also buy one another out. Washington's Trust and Estate Dispute Resolution Act (TEDRA) lets everyone sign a binding agreement without a hearing, or ask the court to decide. A will contest must be filed within four months of the will being admitted (RCW 11.24.010).
The deadlines and rules, in one table
| Topic | The rule | Source |
|---|---|---|
| Where it is filed | Superior court, in any Washington county the petitioner chooses; within four months a party can have it moved to the county where the person lived. Most estates are then handled with little court involvement. | RCW 11.96A.050 |
| Delivering the will | Anyone holding the original will delivers it to the court or the named executor within 30 days of learning of the death; the executor files it within 40. | RCW 11.20.010 |
| Who serves | The executor named in the will; without one, the surviving spouse or registered domestic partner first, then next of kin. A nonresident may serve by appointing a local agent. | RCW 11.28.120, 11.36.010 |
| Selling the house | With nonintervention powers, no court order is needed. Without them, a sale generally needs a court order and the court's confirmation, unless the will authorizes it. | RCW 11.68.090; ch. 11.56 |
| Getting appointed | The court may admit a will and appoint the executor as soon as the petition is presented, and heirs are notified after the appointment; letters issue once the oath is filed and any bond posted. Without a will, the surviving spouse gets 10 days' notice of someone else's petition unless they waive it. | RCW 11.20.020, 11.28.131 |
| Notice to heirs | Within 20 days of appointment, to every heir, beneficiary and nonprobate beneficiary whose address is reasonably known. | RCW 11.28.237 |
| Inventory | Within three months of appointment, valuing everything as of the date of death; a copy to any heir, beneficiary or claiming creditor who asks. | RCW 11.44.015 |
| Creditor claims | Four months after first publication of the notice to creditors; up to 24 months after the death if no notice is given. A copy goes to DSHS. | RCW 11.40.051, .020 |
| How long probate lasts | At least until the creditor claim period has run, four months after the notice to creditors is first published; how much longer depends on the estate. The house can be sold before the estate closes. | RCW 11.40.051 |
| Will contests | Within four months after the will is admitted to probate or rejected. | RCW 11.24.010 |
| Small estates | If the whole probate estate, including any real estate, is worth $100,000 or less after liens, personal property can be collected by affidavit 40 days after the death. It cannot transfer real estate. | RCW 11.62.010 |
| Transfer on death deed | Passes the house without probate only if recorded with the county auditor before the owner's death. | RCW 64.80.060 |
| Closing the estate | A declaration of completion; it becomes final if no one petitions the court within 30 days. | RCW 11.68.110 |
| Washington estate tax | Exclusion $3,000,000 for deaths from July 1, 2026 ($3,076,000 for January to June 2026); rates 10 to 20 percent from July 1, 2026 (10 to 35 percent for deaths July 1, 2025 to June 30, 2026). | Dept. of Revenue |
Checked against each statute and agency table on September 30, 2026. Tax figures change; confirm the ones for the date of death with the estate's accountant.
General information, not legal advice. The personal representative is usually well served by a Washington-licensed probate attorney. Real Property Planning does not refer clients to attorneys; confirm any lawyer's license with the Washington State Bar Association (wsba.org).
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