You can sell an inherited house in Washington, but the first question is not price. It is authority: who has the legal power to sign. If the house was held in a living trust, passed by a transfer-on-death deed, or was community property with a survivorship agreement, it may skip probate entirely and the successor can sell once title is updated. Otherwise the estate usually goes through probate under Title 11 RCW, the court appoints a personal representative, and that person signs the sale. Washington’s small estate affidavit cannot be used for a house; it covers personal property only, up to $100,000 (RCW 11.62). This guide walks the paths, the timing, and your selling options, including how a cash sale of an as-is estate house works.
Step one: figure out how the house transfers
- Living trust. The successor trustee can typically sell without probate, on the trust’s terms.
- Transfer-on-death deed. If the owner recorded one, the named beneficiary takes title outside probate.
- Community property with survivorship. A surviving spouse may take full title under the agreement, again outside probate.
- Everything else: probate. The will (or state intestacy rules if there is no will) is administered under Title 11 RCW. The court appoints a personal representative, and the house is sold by the estate or distributed to the heirs, who then sell as owners.
A short call with a probate attorney settles which path applies, and we recommend that call before anything else, including before talking to any buyer. Most Washington probate attorneys offer a brief consultation, and Washington LawHelp publishes plain-language guides for free.
Selling during probate
Washington probate is comparatively quick when the court grants the personal representative nonintervention powers, which let them sell real estate without returning to court for each step. With those powers in hand, the sale works like any other: the personal representative signs the purchase agreement, title is cleared through an independent escrow company, and net proceeds go to the estate for distribution. If several heirs own the property outright after distribution, each owner signs. Buyers experienced with estates, ourselves included, are comfortable closing during an open probate and working to the estate’s timeline rather than against it.
Your options for the house itself
| Option | Best when | Trade-off |
|---|---|---|
| Clean out, repair, and list with an agent | The house is in sellable shape and heirs agree on the plan | Highest likely price; months of carrying costs, clean-out labor, and repair decisions made by committee |
| Sell as-is for cash | The house needs work, is full of belongings, heirs are out of state, or the estate wants a firm date | A price below full market value in exchange for no repairs, no clean-out, no showings, and a closing on the estate’s schedule |
| Keep it as a rental | An heir wants the property and can buy the others out | Requires financing or estate equalization, and ongoing landlord duties |
One tax note worth knowing before you price anything: inherited property generally receives a stepped-up basis to its value at the date of death, which often means little or no capital gains tax when the house is sold soon after. Confirm the specifics with a tax professional; we are buyers, not advisors.
Common questions
Can we sell the house while probate is still open?
Usually yes. Once the court appoints a personal representative, and especially when nonintervention powers are granted, the representative can sign a purchase agreement and close, with proceeds going to the estate. Your attorney confirms the specifics for your case.
Can we use the small estate affidavit instead of probate?
Not for a house. The affidavit under RCW 11.62 applies to personal property, bank accounts, vehicles, and belongings, when the probate estate is $100,000 or less. Real estate transfers through probate, a trust, a transfer-on-death deed, or a survivorship arrangement.
The house is full of a lifetime of belongings. Do we have to clear it?
Not for a cash sale to us. Take the items that matter to the family and leave the rest; the clean-out is priced into the offer and handled after closing. For a traditional listing, a full clean-out and staging is usually expected.
Sources
- Title 11 RCW, Washington probate and trust law
- RCW 11.62.010, small estate affidavit limits
- Washington LawHelp, free probate and estate guides
Everything about how we work with estates is on our inherited house page. We buy estate properties across Puget Sound, including Kent and the surrounding King County cities. When the estate is ready for a number, request a written cash offer; we will work to your attorney’s timeline, not ours.