Families selling an inherited home in Spokane usually start with timing, cleanout, repairs, distance, and family decisions. In Washington, the court appointed personal representative holds the authority to sell, and a probate attorney should confirm what applies to your estate. Below is what the law says on each point, and where it says nothing.
When a family first calls about selling a loved one's home, the questions tend to be practical and urgent. Below is what Washington law says on each, and a clear note where it says nothing. Nothing here is legal advice, and every estate is different.
Can You Sell the House While Probate Is Still Open?
Yes, a house can be sold during probate, but the sale runs through the court appointed personal representative. Washington law makes the personal representative responsible for settling the estate as rapidly as possible without sacrificing its value (RCW 11.48.010). When a will names executors, the court grants them letters testamentary after admitting the will (RCW 11.28.010). A personal representative with nonintervention powers can sell estate property without a court order, and a will can expand, limit, or change those powers (RCW 11.68.090). Whether your estate has nonintervention powers, and what approval a sale needs if it does not, is a question for the probate attorney.
Our suggestion is to talk with an attorney first, then bring in a real estate agent while the paperwork moves, so the house is ready when the authority is in place.
Does the House Need to Be Completely Empty Before You List It?
We did not find a Washington statute that requires a house to be emptied before it is listed, so this is a decision for the personal representative. Our suggestion is to check with the attorney and the family about who is entitled to what before anything is donated, sold, or thrown away. Here are the steps we suggest:
- Photograph each room and list the larger items before anything moves.
- Ask the family which items they want, and write down who takes what.
- Confirm with the attorney that removing belongings is appropriate.
- Decide with your agent whether to list the house as is or after a cleanout.
What if You Are Not Local and Cannot Manage Everything Yourself?
A nonresident can serve as personal representative, but Washington requires appointing an agent. RCW 11.36.010 allows a nonresident to be appointed if they appoint an agent who lives in the county where the estate is being probated or is an attorney of record for the estate, and who accepts service of papers. The appointment must be in writing and filed with the clerk, and a bond is required unless it is waived under RCW 11.28.185.
The legal agent is only one piece. Someone also needs to look after the house itself: showings, keys, utilities, and condition checks. Our suggestion is to rely on a local real estate agent and your attorney for the day to day work, and use phone and video calls for decisions. You can meet Zech and the team to get in touch.
Do You Need to Make Repairs Before Putting the House on the Market?
We did not find a statute that requires repairs before a probate sale, so it comes down to cost, time, and what the estate can reasonably spend. The personal representative's duty is to settle the estate without sacrificing its value (RCW 11.48.010), and our suggestion is to weigh each repair against what it is likely to return.
One legal point is worth knowing. RCW 64.06.010 lists a transfer made by the personal representative of the estate of the decedent among the exceptions to the seller disclosure statement requirement. Other duties can still apply, so confirm with your attorney what to share with buyers. Our suggestion is to walk the house with your agent, list what you see, sort the items into safety issues, cosmetic items, and things to leave for the buyer, and then decide with the attorney what the estate should spend.
How Do You Handle the Sale When Several Family Members Are Involved?
The personal representative makes the discretionary decisions, and must act in good faith with honest judgment. RCW 11.68.090 says a personal representative with nonintervention powers must exercise a discretionary power in good faith, with honest judgment, and that a will cannot relieve the representative of that duty. Ask the attorney whether anything in the will or the court's orders requires the heirs' approval before a sale.
Disagreements often come from not knowing what is happening. Our suggestion is to agree on one person who communicates with the agent, send the family short written updates after each step, and ask the attorney before changing the plan. Our seller resources outline what a sale looks like from listing to closing.
Frequently Asked Questions
When do heirs receive money after the house sells? The sale money goes to the estate, and the personal representative must settle the estate, including paying its debts (RCW 11.48.010). Creditors have deadlines to present claims. If notice was given and the creditor was notified directly, the deadline is the later of 30 days after the notice or four months after first publication. If no notice was given, it is 24 months after the date of death, and late claims are barred (RCW 11.40.051). Ask your attorney for a timeline for your estate.
What if the person named in the will does not want to serve? Under RCW 11.28.010, if some of the named executors refuse to act or are disqualified, the letters go to the others named in the will. If all of them refuse, the court issues letters of administration with the will annexed to the person who would have been entitled to administer the estate had there been no will. Your attorney can explain how this applies to your family.
How Can Zech Help Spokane Families With an Inherited Home?
Zech can walk you through the real estate side while your attorney handles the legal side. If you are dealing with an inherited property in Spokane, you do not have to figure out every step at once. He can help with the real estate steps, from a first look at the house to listing and closing. You can reach out through our team page to start the conversation.
About the Author
Zech Rios is the co-founder of Rios & Co. with eXp Realty, serving Spokane, Washington, and North Idaho since 2020. Ranked among the top 1% of local REALTORS®, he specializes in probate real estate, residential sales, and helping English- and Spanish-speaking clients navigate real estate transitions. His recognition includes multiple eXp ICON Agent awards and Rookie of the Year (2021).
This article is for general informational purposes and does not constitute legal, tax, or financial advice. Probate procedures, powers, and deadlines depend on the facts of each estate, the terms of the will, and any court orders, and they change over time. For guidance specific to your estate, consult a licensed Washington probate attorney.
