You Inherited a House, or a Share of One
While the estate is open, the personal representative controls the house, not the heirs. Your part is to understand your choices (keep, buy out, or sell) and the value everyone will rely on.
If you want to be told when the inventory and other papers are filed with the court, you can file a request for special notice.
Your steps, in order
- What to Do With an Inherited House in WashingtonKeep, rent or sell, and what each choice involves.
- What Taxes Apply When Selling an Inherited House?Stepped-up basis, estate tax and the excise tax on a sale.
- What Happens If Heirs Disagree About Selling?Buyouts, agreements and, as a last resort, the court.
- Sell an Inherited House As-Is or Fix It First?When repairs pay for themselves and when they do not.
- Understanding the Property's ValueWhy the date-of-death value matters to every heir.
Watch out for
The date-of-death value is your tax basis.
It generally sets the capital gains you would owe when the house is sold, so an appraisal as of that date matters.
A will contest has a four-month deadline.
It runs from when the will is admitted to probate.
Ask for notice of filings.
A request for special notice brings copies of court filings; a sale under nonintervention powers needs no filing, so ask the personal representative about one.
When the executor isn't acting
Estates take time, and silence is not always neglect. But an heir has more options than waiting, and they escalate in a sensible order.
- Check what has been filed. The superior court clerk in the county of the probate can tell you whether a probate was opened and who was appointed. A personal representative must send heirs written notice within 20 days of being appointed, so if you never received one, ask why.
- Ask in writing. A short, polite letter asking for the inventory, the plan for the house and a rough timeline is the cheapest first step. Keep copies of everything.
- Ask for a status report. In an estate with nonintervention powers, a beneficiary who has not been paid in full can ask the court to order a report on the estate's status once a year has passed since the appointment or the last report.
- Ask the court to step in. If the personal representative has breached a duty, abused their authority or wrongfully neglected the estate, an heir can petition the court, which can restrict their powers, remove them and appoint someone else, or order other relief.
If no one has opened probate at all: where there is no will and the family members with priority do not petition within 90 days of the death, the court may appoint another suitable person, so an heir is not stuck waiting. With a will, the person named as executor has no authority until the court appoints them. In either case, a probate attorney can tell you how to get the estate opened.
At the end: when the personal representative files a declaration of completion, you have 30 days to ask the court to review the fees or to compel the personal representative to close the estate.
Sources: RCW 11.28.237 (notice to heirs); RCW 11.28.120 (who may serve, and the 90-day rule); RCW 11.68.065 (status report); RCW 11.68.070 (petition against a nonintervention personal representative); RCW 11.28.250 (removal); RCW 11.68.110 (declaration of completion).
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.