The question “Can a house be sold while it is in probate in Washington?” is a common one, and the answer is yes. However, selling a probate property requires strict adherence to state laws and procedures. The probate court oversees the entire sale process, ensuring all steps are properly followed. If you’re serving as the executor, you’ll need to carefully review and approve the sale terms as well. While the process can seem complicated, understanding the necessary steps can help streamline things and make the transaction go more smoothly.
Can A House Be Sold While In Probate In Washington?
Appointment of Administrator/Executor
If the decedent’s will names a specific individual as the executor, and that person is willing to take on the role, they will be formally appointed to manage the estate. However, if no executor is named in the will, the court or surviving relatives will typically appoint a close family member to serve as the estate’s administrator. This person will then have the authority to oversee the probate process and ensure the estate is properly handled according to state laws.
Appraisal
The following step in the probate process is to get the property appraised, but it’s crucial to hire a licensed and reputable appraiser for this task. The sale price of the property must be at least 90% of the appraised value, so selecting an appraiser who can provide an accurate and fair assessment is essential. This ensures you meet the legal requirements while positioning the property for a successful sale.
Sale
At this stage, the answer to “Can a house be sold while in probate in Washington?” starts to take shape. Once the property is ready for sale, your next step is to have your real estate agent list the home on a multiple listing service (MLS), making it clear to potential buyers that it’s a probate sale. This ensures the home is visible to a wide audience, helping to attract buyers familiar with the probate process.
When an interested buyer makes an offer, along with a 10% deposit, you have the option to accept or decline it. If you choose to accept the offer, it must go through court confirmation. Your probate attorney will submit the accepted offer to the court, and once all parties agree, a court date is scheduled to finalize the sale. This step ensures that the process adheres to legal requirements while moving the transaction forward.
Once the offer on the house in probate has been accepted and approved by the court, the next step is to send a Notice of Proposed Action to all heirs involved. This document outlines the details of the proposed sale, including its terms and conditions. Heirs have a 15-day window to review the notice and submit any objections. If no objections are raised within that timeframe, the sale can proceed without the need for a court hearing, allowing for a smoother transaction.
Overbidding
Here’s where things can get a bit more complex. Before the court confirms and approves the initial buyer’s offer, the judge will invite others in the courtroom to place competing bids on the property. If no additional bids are made, the sale moves forward as planned. However, if bids are received, the property may go to the highest bidder, altering the original course of the sale.
If an overbid is made, the original buyer’s 10% deposit must be refunded before the sale can continue at the higher bid price. Once the overbid is accepted, the new buyer is required to provide a 10% deposit, which must be in the form of a cashier’s check. This deposit is then presented to the executor or administrator during the hearing where the winning bid is officially confirmed.
Once the court confirms and approves the sale, a contract is signed. However, this is not your typical sale contract—it must be free of contingencies, meaning no conditions can be attached to the sale. Additionally, escrow typically closes quickly after the hearing, usually within 15 days, ensuring a swift conclusion to the probate sale process.
As you can see, selling a house while in probate involves navigating several complex rules. For a smoother process and to ensure everything is done correctly, it’s often a good idea to consult with a probate attorney who can provide detailed guidance tailored to your specific situation.