Can You Sell a House During Probate in Washington State?
One of the most common questions families ask after a loved one passes away is: “Can we sell the house before probate is finished?”
The short answer is: Yes — in most cases, you can sell a house during probate in Washington State. But the process has rules, and understanding them up front can save the estate time, money, and stress.
Why Real Estate Is a Special Case in Probate
Real estate is usually the estate’s largest asset. Unlike bank accounts or vehicles, it’s expensive to maintain and can’t just sit indefinitely. Vacant homes are at risk for vandalism, leaks, or insurance lapses, and carrying costs (mortgage, taxes, utilities) add up quickly.
For that reason, Washington law allows the Personal Representative (PR) — the person appointed by the court to handle the estate — to sell property before probate is fully closed, provided they have the right authority.
Authority to Sell: Letters Testamentary or Letters of Administration
To sell a house, the PR needs to have been officially appointed by the court. This comes in the form of:
Letters Testamentary (if there’s a valid will naming an executor), or
Letters of Administration (if there’s no will).
These documents give the PR the legal power to act on behalf of the estate, including signing a listing agreement, accepting offers, and closing a sale.
Nonintervention Powers: The Key to Flexibility
In Washington, most estates are granted nonintervention powers. This means the PR can manage and even sell property without constant court supervision, as long as it benefits the estate and heirs.
With nonintervention powers:
The home can be listed and sold like any other property.
Proceeds from the sale are deposited into the estate account.
Distribution to heirs happens once debts and expenses are paid and probate closes.
If nonintervention powers are not granted, the PR may need court approval to sell, which adds time and complexity.
What Families Should Consider Before Selling
Selling during probate is often the best choice, but a few things need attention first:
Secure the Property
Change locks, maintain insurance, and handle utilities to prevent damage.
Decide on Strategy
Sell “as-is” for speed.
Make light repairs and cleanouts to maximize value.
Consider staging if the market warrants it.
Get a Valuation
A probate-focused Realtor can provide a market analysis, and in some cases, a certified appraisal is required for tax or court filings.
Communicate with Heirs
Selling a family home can be emotional. Aligning expectations early helps avoid conflict later.
