Losing a parent is a deeply emotional experience, and dealing with the probate and the sale of their estate can add layers of complexity. For adult children, selling a parent’s home may feel overwhelming—both from a legal and practical standpoint. Here is a simplified breakdown of the process to ensure nothing critical is missed if you’re dealing with a probate sale in Washington state.
Understanding the Process and What Probate Means
Before diving into the sale process, it’s essential to understand the sequence of steps involved in managing your parent’s estate. If you’re the executor or the person responsible for overseeing the estate, you’ll have several duties, including managing the sale of the property.
Washington State follows probate laws, which guide how an estate is distributed. Probate is a legal process used to settle an estate, including the distribution of assets like a home.
This process typically involves validating the deceased person’s will (if one exists), appointing a personal representative to manage the estate, paying off any outstanding debts or taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Probate is overseen by a court and ensures that the estate is handled according to Washington State law and the decedent’s wishes. Whether or not probate is required depends on factors like the size of the estate and whether assets were placed in a trust.
Step 1: Probate: Seek Legal Counsel
The process typically starts by determining whether probate is required. Estates without a will or trust will likely have to go through probate. Estates with wills are often subject to probate as well, so it is crucial to seek legal counsel on your individual situation.
- Consult with a probate attorney: They can advise you on whether probate is necessary and help you navigate the process if it is.
- File the will with the local county court: If there’s a will, Washington law requires that it be filed within 40 days of the decedent’s passing. This must be done in the county where the decedent resided.
- Appoint a personal representative: This person, typically named in the will, will handle the estate, including overseeing the sale of the home.
Step 2: Secure the Property
Before starting the sale process, make sure the home is secure:
- Change the locks: Ensure the house is safe, especially if multiple people had access.
- Contact insurance: Notify the homeowner’s insurance company about your parent’s passing to ensure coverage remains valid during the sale process.
- Set up utilities: Ensure basic utilities like electricity, water, and heating remain active until the sale is complete.
Step 3: Gather Necessary Documents
Selling an estate requires proper documentation. Gather the following:
- Will or trust documents: These outline how the estate should be handled and who has legal authority over the property.
- Deed to the property: This document proves ownership of the home.
- Mortgage information: If the house is still under a mortgage, find out the remaining balance.
- Tax records: Property tax records may be needed to prove any payments or outstanding amounts.
Step 4: Prepare the Home for Sale
Once legal matters are in place, it’s time to prepare the home for sale. Depending on its condition, this may involve some repairs, decluttering, and cleaning.
- Hire an estate sale company: If there are significant assets inside the home (furniture, antiques, etc.), consider hiring an estate sale company to help with organizing, valuing, and selling items.
- Declutter and clean: Removing personal items and doing a thorough cleaning will make the home more attractive to potential buyers.
- Minor repairs or updates: Consider making small repairs, like fixing leaks or patching holes in walls, to increase the home’s value.
Step 5: Hire a Real Estate Agent
It’s advisable to work with an experienced local agent familiar with selling estates. Our team member, Jennifer Ng, specializes in probate, trust, and estate sales, and is also a Seniors Real Estate Specialist.
Step 6: Pay Off Outstanding Debts and Liabilities
Before the estate can be distributed to beneficiaries, all debts must be settled. This may include:
- Mortgage balance: If there’s an outstanding mortgage, this will need to be paid off from the proceeds of the sale.
- Property taxes: Ensure that property taxes are up to date before the sale.
- Other debts: If the estate owes creditors, those debts must be settled before beneficiaries receive any inheritance.
Step 7: Closing the Sale
Once you’ve found a buyer, the sale process moves into closing. This phase includes:
- Review the purchase agreement: Ensure the purchase agreement reflects the agreed-upon terms.
- Transfer of ownership: After closing, the deed will be transferred to the new owner.
- Distribute proceeds: After paying off any outstanding debts, the remaining proceeds from the sale can be distributed according to the will or trust.
Washington-Specific Considerations
- Community Property State: Washington is a community property state, meaning any property acquired during a marriage is owned jointly by both spouses. Ensure you understand how this may impact the sale if one parent predeceased the other.
- State Taxes: Washington does not have an estate tax unless the estate exceeds $2.193 million (as of 2023). However, if your parent’s estate exceeds this amount, there may be state taxes to consider.
Legal and Probate Resources:
- Washington State Courts – Provides an overview of probate procedures, forms, and local rules.
- King County Courts – Probate forms and procedures
- Snohomish County Courts – Probate forms and procedures
- Northwest Justice Project – Provides free legal advice and resources for low-income residents handling probate.
Financial Resources:
- Washington State Department of Revenue – Information on estate tax requirements and filing if the estate exceeds Washington’s estate tax exemption.
- AARP Washington – AARP offers advice on estate planning and probate for seniors and their families, along with helpful checklists.
If you need further guidance and resources on this topic, we can recommend local will and estate attorneys and more. We are also certified to work with the Seniors community to help with downsizing and aging in place. To learn more about those services, click here. We believe strongly in serving our clients with care and compassion during life transitions.
