Top 5 Mistakes Executors Make With Inherited Property in Seattle
Being appointed executor or personal representative is an honor — but it’s also a heavy responsibility. Nowhere is that more obvious than with inherited real estate. The family home is often the estate’s largest asset, and how it’s handled can significantly affect heirs, the estate’s timeline, and even the executor’s personal liability.
Here are the top five mistakes executors make with inherited property — and how to avoid them.
Mistake 1: Treating a Vacant Home Like an Occupied One
The problem: Many executors assume the homeowner’s policy remains valid and overlook Seattle’s vacant-building requirements.
Why it matters: Standard policies may lapse after 30–60 days of vacancy, leaving the estate exposed. In addition, Seattle can place neglected homes into the Vacant Building Monitoring Program, leading to costly inspections and fines.
How to avoid it:
Switch immediately to a vacant property insurance policy.
Change locks and maintain curb appeal.
Stay compliant with Seattle’s vacant-building rules to avoid monitoring fees.
Mistake 2: Waiting for Probate to Finish Before Taking Action
The problem: Executors often delay addressing the property until probate is nearly finished, assuming nothing can be done earlier.
Why it matters: In Washington, if the personal representative has nonintervention powers, the property can usually be prepared and even listed before probate closes. Waiting increases costs and reduces value.
How to avoid it:
Confirm whether you have nonintervention powers (via the will or petition).
Start preparation and marketing as early as possible with your attorney’s guidance.
Mistake 3: Ignoring Occupancy and Tenant Laws
The problem: Executors sometimes overlook the fact that someone may still be living in the property — a tenant, family member, or caregiver.
Why it matters: Seattle’s Just Cause Eviction Ordinance restricts when and how a tenancy can be ended. Even in probate, you must comply with local tenant protections.
How to avoid it:
Confirm who is occupying the property and what legal agreement exists.
Work with an attorney to navigate notices, relocation, or other compliance requirements.
Mistake 4: Mishandling Disclosures, Liens, and Environmental Risks
The problem: Executors may over-disclose, under-disclose, or miss hidden issues like utility liens and underground oil tanks.
Why it matters:
Personal representatives are exempt from Washington’s Form 17 disclosure law but must still disclose known material facts.
Federal law still requires lead-based paint disclosure for homes built before 1978.
Unpaid utility bills can become liens against the property, which the seller must resolve at closing.
Many older Seattle homes have underground heating-oil tanks — a potential deal-killer if not addressed early.
How to avoid it:
State the PR exemption clearly while disclosing known issues.
Provide lead-based paint disclosures for pre-1978 homes.
Pull payoff letters for utilities early.
Investigate potential oil tanks and use Washington’s Pollution Liability Insurance Agency (PLIA) resources if needed.
Mistake 5: Overlooking Valuation and Tax Planning
The problem: Executors often rely on outdated tax values or forget to account for Washington’s Real Estate Excise Tax (REET).
Why it matters:
Heirs usually receive a step-up in basis to fair market value at date of death, which can dramatically reduce capital gains taxes when selling.
Washington imposes REET on estate sales, which is graduated by price.
Poor planning can lead to disputes among heirs and reduced net proceeds.
How to avoid it:
Obtain a professional market analysis or appraisal for date-of-death value.
Track any repairs or improvements for estate accounting.
Calculate REET early so heirs understand the true net proceeds.
Final Thoughts
Executors in Seattle and King County face unique challenges with inherited property. By avoiding these common mistakes, you can protect the estate, serve the heirs, and reduce your personal risk as a fiduciary.
I specialize in probate real estate, helping executors secure, insure, prepare, and sell inherited properties in compliance with Washington law and Seattle’s local requirements.
Call me at (206) 852-7780 or visit chrissweeneyprobate.com to discuss your situation.
