Selling Inherited or Probate Property in Washington

By David Yerokhin · Published August 31, 2026

Identify the title and estate path

Washington law provides that title may vest in heirs or devisees immediately at death, subject to debts and administration, and a will generally must be probated for a devisee to establish title under it. The deed, will, probate filings, community-property circumstances, trust documents, and creditor issues can change who must participate.

Confirm who has authority to sell

A court-appointed personal representative generally manages estate property, subject to Washington law and any court limits. If the estate has nonintervention powers, a personal representative may be able to sell property without a separate court order when statutory conditions are satisfied. A court-supervised sale can involve appraisal, return, notice, confirmation, or other requirements. Have the estate attorney and title company confirm the correct route.

Open title before choosing a tight date

Give title and escrow the probate cause number, certified appointment documents, letters testamentary or administration, the will if applicable, death certificate, trust or community-property documents, and known creditor or lien information. The required package varies. Missing authority, an omitted heir, unresolved debts, or inconsistent names can delay closing.

Separate the inheritance transfer from a later sale

Washington Department of Revenue guidance lists certain transfers by inheritance or devise as exempt from REET when the exemption requirements and documentation are met. A later sale by the heir or estate to a third-party buyer is a separate transaction and is generally subject to REET unless another exemption applies. A tax professional can address basis, capital gain, estate, and individual circumstances.

Compare property-sale paths after authority is clear

An agent listing may provide broad market exposure. A direct as-is sale may reduce cleaning, repair, showings, and financing variables, especially when contents remain or the estate is managing the property from a distance. Compare written net estimates, terms, buyer capacity, timing, and contingencies rather than relying only on headline price.

Washington sources used for this guide

RCW 11.04.250 — Title to property on death

Washington rules concerning vesting in heirs or devisees and probate of a will for title purposes.

RCW 11.48 — Personal representatives

General duties, possession, management, and administration provisions.

RCW 11.68 — Settlement without court intervention

Nonintervention powers and statutory authority concerning estate transactions.

RCW 11.56 — Sales and exchanges of estate property

Procedures that may apply to court-supervised sales, including appraisal, return, and confirmation.

Washington Department of Revenue — Common REET exemptions

Inheritance and devise exemption guidance and documentation; a later third-party sale is distinct.

This page provides general information about estate property. Consult an independent Washington estate attorney, title company, and tax professional about authority, documents, deadlines, and tax consequences.

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