Selling a Home After a Death in Washington: Probate vs Non-Probate Explained

Important Note Before We Start

This article is for general educational purposes only.
If a property is already under contract, the estate’s attorney and the listing agent must guide the transaction. Washington law does not allow outside agents to advise on another agent’s active deal.

What follows is a general overview of how selling a home after a death typically works in Washington.

1. Selling After a Death Is Both Legal and Emotional

Selling a home after someone passes away is rarely straightforward.

It often involves:

• Grief and emotional attachment

• Family dynamics

• Legal and title questions

• Timing pressure

In Washington, the process depends primarily on how the home was titled at the time of death, which determines whether probate is required or whether the sale can proceed as non-probate.

2. What Probate Means in Washington

Probate is a court-supervised process used to:

• Validate a will (if one exists)

• Appoint a personal representative (executor)

• Transfer legal authority over assets

If a home is subject to probate:

• The property generally cannot be sold immediately

• The court must first grant authority to sell

• Specific notices and timelines apply

Probate does not mean a home cannot be sold — it means there are legal steps that must occur first.

3. When a Home Typically Requires Probate

A home may require probate if:

• It was owned solely in the deceased person’s name

• There was no survivorship language

• There was no trust or transfer-on-death designation

In these cases, the court appoints a personal representative who may be granted authority to sell the property on behalf of the estate.

4. What a Non-Probate Sale Means in Washington

A home may qualify as non-probate if ownership transfers automatically at death or through a legally recognized process.

Common non-probate scenarios include:

• Joint tenancy with right of survivorship

• Community property with right of survivorship

• Property held in a trust

• Transfer on Death Deed (TODD)

• A properly executed lack-of-probate or non-probate affidavit accepted by title

In these situations, the home may be sold without court involvement, once ownership or authority is confirmed.

5. Probate vs Non-Probate: Timeline Differences

Non-Probate Sales

• Often listable once title confirms authority

• Fewer procedural steps

• Generally faster timelines

Probate Sales

• Court authority required

• Additional documentation

• Longer timelines

Understanding which path applies is critical before listing, pricing, or accepting offers.

6. Who Is Legally Allowed to Sell the Home in Washington

Who can sell a home after a death depends on how legal authority or ownership transfers.

• Probate sale: The court-appointed personal representative has authority to sell once the court grants it.

• Non-probate sale: Heirs or beneficiaries may have authority to sell if ownership passes through title, a trust, a Transfer on Death Deed (TODD), or a properly executed lack-of-probate process that is accepted by the title company.

The determining factor is legal authority confirmed by title, not family agreement alone.
Until ownership or authority is formally established, the property cannot be listed or sold, even if all heirs agree.

This verification step is required before a title company will allow a sale to proceed.

7. Seller Disclosures in Estate Sales (Form 17)

Estate sales in Washington may qualify for limited disclosures, particularly when the seller never lived in the home.

That said:

• Form 17 is still commonly used

• “Don’t know” responses are appropriate when truthful

• Known material facts must still be disclosed

This guide explains disclosures in detail:
WA Form 17 Seller Disclosure: A Simple, Complete Guide for Washington Sellers
 

8. Pricing Challenges With Inherited Homes

Inherited homes often face pricing challenges due to:

• Deferred maintenance

• Outdated features

• Emotional value influencing expectations

Overpricing is especially risky in probate situations, where timelines already tend to be longer.

Mispricing is one of the most common reasons transactions fail:
Why WA Homes Fall Out of Contract (Real Reasons Deals Collapse)
 

9. Selling an Estate Property “As-Is”

Many estate homes are sold as-is, which means:

• The seller is not agreeing to make repairs

It does not mean:

• Buyers waive inspections

• Disclosures are eliminated

• Condition is irrelevant

Buyers still evaluate risk, and pricing must reflect reality.

10. Family Dynamics and Decision-Making

When multiple heirs are involved, challenges often include:

• Different financial goals

• Different emotional readiness

• Different expectations

Clear authority, communication, and timelines help prevent delays and conflict.

11. When the Estate Is Also Buying Another Home

Sometimes a surviving spouse or heir is:

• Selling an inherited home

• Purchasing a new primary residence

Timing, proceeds, and coordination matter:
The Step-by-Step Move-Up Buyer Plan: How to Sell Your Current Home & Buy Your Next One Smoothly in Washington (2025 Guide)
 

12. The Big Picture: Clarity Matters More Than Speed

Selling a home after a death is already heavy.
Legal confusion shouldn’t add to it.

Understanding:

• Whether probate applies

• How authority is established

• What title requires

• What timelines realistically look like

…helps families move forward with fewer surprises.

And once again, if the property is already under contract, the estate’s attorney and listing agent must guide the transaction.

 If you’re navigating an estate situation in Washington and are not yet under contract, understanding whether a sale qualifies as probate or non-probate early can make an overwhelming situation feel far more manageable.

 Written by: Lani Fisher — Washington Realtor Helping Everyday Buyers & Sellers With Confidence