Wills & Real Estate
A will names who inherits and who should manage the estate. When the estate includes a house, it guides whether the property is kept, sold or divided, and those decisions have lasting financial consequences for the family.
What Is a Will?
A will, sometimes called a "last will and testament," is a legal document that sets out how a person wants their assets distributed after they die. It names beneficiaries, designates an executor (or personal representative) to carry out those wishes, and can include specific instructions about property, personal items, guardianship of minor children, and more.
In Washington State, a valid will must be in writing, signed by the person making it (the testator), and witnessed by at least two competent individuals (RCW 11.12.020). If the testator later divorces, gifts in the will to the former spouse are automatically revoked (RCW 11.12.051). While a will does not avoid probate, it provides the court with a clear roadmap for how the estate should be administered.
What a Will Does
- Names who inherits specific assets, including real property
- Designates an executor or personal representative to manage the estate
- Provides instructions for how property should be sold, transferred, or distributed
- Can specify whether a home should be kept in the family or listed for sale
- Establishes a framework that guides the probate court's decisions
- May include conditions, such as a right of first refusal for a family member
Why Wills Matter When Real Estate Is Involved
The home is often the most valuable asset in an estate. The will determines who has the authority to make decisions about it, and those decisions carry real financial consequences.
- The executor named in the will can list and sell estate property only after the court appoints them and issues letters testamentary; property held in a trust, by a recorded transfer on death deed, in joint tenancy with right of survivorship, or under a community property agreement passes outside the will
- Without a will, there is no named executor, so family members must ask the court to appoint a personal representative, and state law, not the person's wishes, decides who inherits
- A will may require an appraisal for equitable distribution among multiple heirs
- Tax obligations, including stepped-up basis calculations, depend on accurate property valuation at the date of death
- Disagreements between heirs about whether to sell or keep a property are more easily resolved when a will provides clear direction
Questions About the Real Estate Side?
David Stein, a licensed real estate broker, can walk you through how the property side of the process works.
Schedule a Conversation About the PropertyCommon Family & Executor Situations
Few executors or heirs expected the role. These are the situations that come up on the real estate side of a will, and what each one involves.
First-Time Executor
You've been named in a will as the executor, but you've never done this before. You're not sure what to do with the house, whether to clean it out, when you can sell, or how to price it. The featured broker walks executors through the real estate side step by step.
Multiple Heirs With Different Opinions
One sibling wants to sell. Another wants to keep the house. A third lives across the country. When a will divides property among multiple beneficiaries, an independent, certified appraisal gives everyone the same neutral figure to work from.
Out-of-State Family Members
Managing estate property from a distance is hard to do well.The featured broker coordinates with attorneys, manages property access, and handles the preparation and sale, so you don't have to fly back and forth.
No Will (Intestate)
When someone dies without a will, family members must ask the court to appoint a personal representative, and state law decides who inherits. The featured broker works with families and their attorneys on the real estate side of intestate estates.
This Site Doesn't Provide Legal Advice, and Why That Matters
Real Property Planning is a free educational resource. It is not an attorney, CPA, or tax advisor, and does not provide legal, tax, or accounting advice.
Executors settling a will need each question answered by the right professional.The featured broker handles the real estate side (property valuation, preparation and the sale) and works alongside the attorneys and advisors who handle the legal and financial questions.
How the Featured Broker Works With Executors
As both a certified appraiser and a licensed real estate broker, the featured broker, working through his own brokerage, works with families, executors, and attorneys to handle the real property side of estate administration, from the first conversation to the closing table.
- Certified appraisals for estate tax, equitable distribution, and stepped-up basis documentation
- Market analysis and pricing strategy tailored to estate timelines
- Property preparation (cleanout, repairs, staging) coordinated on your behalf
- Steady communication with executors, heirs, and attorneys throughout the process
- Support for out-of-state families who can't be on-site
- An experienced point of contact for the property while the family handles everything else
Secure Your Will. Protect Your Legacy.
Upload and securely store your will in the blockchain cloud, so you and your loved ones can reach it now and in the future.
This digital storage solution allows you to upload your will to a blockchain-backed system where it is time-stamped, authenticated, and safely preserved.
Once stored, your document cannot be altered, lost, or misplaced. Access is controlled entirely by a private digital key, so only you, or those you authorize, can retrieve it when needed.
This creates a single, reliable record: you and your family know where to find your will and that it is the correct, verified version.
- Secure blockchain storage
- Permanent time-stamped record
- Private access with your digital key
- Easy retrieval for loved ones
- Prevents lost or outdated documents
Secure, private, and accessible only to you and those you trust.
Real Property Planning provides access to this storage solution as a convenience only and does not create, review, or validate the contents of any uploaded will.
Once a document is uploaded, access is controlled exclusively by the holder(s) of the private digital key. Real Property Planning does not have access to, custody of, or the ability to retrieve your documents.
Common Questions
Frequently Asked Questions About Wills & Real Estate
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Professional Disclosure
Real Property Planning is an educational and connection hub. It does not provide legal, tax, accounting, financial, brokerage, or appraisal services. Professionals referenced on this site are independently licensed and operate through their own separate businesses. Real estate brokerage services are provided by David Stein, a licensed Washington broker, through eXp Realty. Appraisal services are provided by David Stein through Stein Appraisal. Read the full disclaimer.