You Are the Executor or Personal Representative
A house in the person's name alone usually goes through probate, because the small estate affidavit cannot transfer real estate. One common exception: a married couple's community property agreement may pass the house to the surviving spouse without a full probate. Otherwise, you have no authority over the house until the superior court appoints you and issues letters.
Most Washington estates then get nonintervention powers, which let you sell the house without a court order.
Your steps, in order
- Your First 30 Days as ExecutorSecuring the house, the will, the court filing and the first notices.
- Understanding Your Legal Duties as ExecutorWhat you owe the heirs and creditors, and how to keep records.
- Who Has Authority to Sell Probate Property?Letters, nonintervention powers and what a title company will ask for.
- What Should an Executor Do First With a House?Insurance, utilities, a vacant house and the first decisions.
- Property Taxes After a DeathThe October payment that comes with no new bill, and what happens to a senior exemption.
- The Mortgage After a DeathWho keeps paying, the servicer's successor-in-interest process, and keeping the loan.
- Common Executor MistakesThe errors that cost estates time and money.
- How Out-of-State Families Can Handle a Washington Property SaleServing from another state, and managing a house from a distance.
Watch out for
Being named in the will is not enough.
Until the court issues letters, you can secure and insure the house but cannot sell it.
Property taxes keep coming due.
The October 31 second half arrives with no new bill, so it is the payment families miss.
Notify heirs and DSHS.
Heirs within 20 days of appointment (RCW 11.28.237); the notice to creditors is also mailed to DSHS, which can claim for Medicaid (RCW 11.40.020).
Looking for a figure or a rule? See Deadlines & key rules or the glossary. General information, not legal advice; Real Property Planning does not refer clients to attorneys.