Selling a home is never simple, but when it’s tied up in probate the process can feel even more overwhelming. Probate is the court-supervised procedure used in Washington to settle a deceased person’s estate, and it often involves transferring real estate. For families, that can raise difficult questions: Can you sell a house before probate is complete? How long does probate take in Washington? What happens if the property needs major repairs?
The good news is that selling a house in probate is absolutely possible. While the process involves legal steps and sometimes court approval, you still have multiple paths forward — whether that means listing with an agent, selling to a family member, or working with a cash home buyer to sell quickly and avoid repairs.
In this guide, we’ll walk through everything you need to know about probate sales in Washington: how the process works, typical timelines, what it costs, and your options for selling fast — even if the home has deferred maintenance or needs to be sold as-is. Along the way, we’ll cover when probate makes sense, when you can skip it, and why selling directly to a cash buyer like Orca Homes can be the simplest solution for families looking to move forward.
Probate Sale Meaning in Washington
In simple terms, probate is the legal process the state of Washington uses to settle a person’s estate after they pass away. It’s a court-supervised procedure that ensures debts are paid, assets are distributed to heirs, and property is transferred according to the will — or, if no will exists, according to state law.
So what does this mean if you’ve inherited a home? If the estate is valued at more than $100,000 or includes real property like a house, the estate usually has to go through probate in Washington. That means the court oversees how and when the property can be sold.
For families, this can feel like a slow and complicated process, especially if the home needs repairs or there are multiple heirs involved. But the reality is that selling a house in probate in Washington is common, and with the right approach you can still sell quickly — even if the home is sold as-is.
📌 Related reading: If the property also needs work, you may want to review our guide on selling a house fast as-is
Probate Process for Selling Real Estate in Washington
When it comes to selling a house in probate in Washington, there are specific legal steps that families and executors must follow. While the details can vary depending on the county and the estate, here’s what the process typically looks like:
Step 1: File Probate With the Local Court
The process begins when a petition is filed with the probate court in the county where the deceased lived. This officially opens the estate and notifies the court that there is property — including real estate — to be managed.
Step 2: Court Appoints an Executor (Personal Representative)
The court then appoints a personal representative (also called an executor or administrator). This person is responsible for handling the estate: paying debts, communicating with heirs, and overseeing the sale of the home if needed.
Step 3: Sell the Probate Real Estate
Once the executor has authority, the property can be sold. This stage usually includes:
Get an Appraisal
The court may require a professional appraisal to confirm the home’s fair market value. In most cases, Washington probate rules require the property to sell for at least 90% of its appraised value.
Petition to Begin the Sale
If court supervision is needed, the executor must file a petition asking for permission to sell. This petition will include details like the appraised value and the terms of the potential sale.
Court Hearing and Authorization of Sale
In some situations, a court hearing is scheduled to review offers. The judge may approve the best bid and authorize the executor to move forward with the sale. In other cases, if the executor has full authority, court approval may not be necessary — which can save significant time.
💡 Many families in this situation choose to work with cash home buyers, since they can move quickly and meet probate requirements without delays. If the property also has deferred maintenance, check out our guide on selling a house to a cash buyer with deferred maintenance to learn how this process can simplify your sale.
When Can the Executor Sell a Probate Property in Washington?
In Washington, the executor (also called the personal representative) can only sell the property once the probate court grants legal authority. This authority is usually given through documents called Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). These papers give the executor the official right to act on behalf of the estate.
When it comes to selling a house in probate in Washington, the executor typically must follow the rule that the property can’t be sold for less than 90% of its appraised value. This requirement protects heirs and ensures the estate isn’t undersold. The appraisal is usually done by a certified professional and submitted to the court as part of the probate process.
Can You Sell a House Before Probate Is Complete in Washington?
Many families ask: “Can you sell a house before probate is complete in Washington?” The answer is — sometimes, but only with court approval. If the executor has “full authority” granted by the court, they may be able to sell without waiting for the entire probate process to finish.
However, there are risks. Buyers are often cautious about making offers on homes still in probate, since the sale depends on legal approval. This uncertainty can slow down negotiations or even cause deals to fall through. That’s why many homeowners explore alternatives, like selling as-is directly to a local cash buyer. This can speed things up and reduce the stress of court delays, especially if you’re also facing challenges like foreclosure or major repairs.
Do You Need Probate to Sell an Inherited House in Washington?
Not every inherited home has to go through probate. In some cases, ownership transfers automatically or through alternative legal tools. Here are the most common scenarios in Washington:
Revocable Living Trust
If the deceased placed the home into a revocable living trust, the property can transfer directly to the named beneficiary. No probate is required, and the new owner can sell the house immediately.
Transfer on Death (TOD) Deed
Washington allows homeowners to file a Transfer on Death (TOD) deed, which names a beneficiary. When the homeowner passes away, the property automatically transfers to that person — avoiding probate altogether.
Joint Ownership With Right of Survivorship
If the home was co-owned with “right of survivorship” (often between spouses), the surviving owner automatically takes full ownership. They can sell the house without going through probate.
Affidavit of Heirship
In some limited situations, heirs may use an affidavit to transfer property without probate. However, this option is less common and depends heavily on the estate’s details.
If none of these alternatives apply, selling a house in probate in Washington will involve the court process.
📌 Related: Learn more about the cost of fixing a house in disrepair before deciding whether probate repairs are worth it.
How Long Does Probate Take in Washington?
One of the biggest concerns families have is timing. On average, probate in Washington takes between 6–12 months. Simple cases may wrap up faster, while estates with multiple heirs, unpaid debts, or disputes can stretch much longer.
For families who need to settle quickly — for example, to avoid foreclosure or cover medical bills — working with a cash buyer can make a big difference. Cash offers don’t rely on traditional financing, which helps speed up the sale once the court grants approval.
How Much Does a Probate Sale Cost in Washington?
Beyond time, cost is another important factor. A probate sale in Washington often comes with expenses such as:
- Appraisal fees – required by the court to determine market value.
- Attorney fees – legal support for filing petitions and navigating court requirements.
- Court fees – probate filing and hearing costs.
- Realtor commissions – if you list the property on the open market.
These costs can reduce the inheritance heirs ultimately receive. For many families, the expense and delays make selling the home as-is to a local cash buyer an attractive option, since it eliminates commissions and repair costs.
📌 Related: Check out the benefits of selling your home to a cash buyer to see how you can save money during probate.
Washington Probate House Sale Issues
Even with the right steps in place, selling a house in probate in Washington can come with unique challenges. Here are some of the most common issues families encounter during the process:
Family Disputes
When multiple heirs are involved, disagreements often arise about whether to keep, sell, or repair the property. If one family member wants to hold onto the house while others want to sell, it can delay probate and complicate the sale. In some cases, the court may need to step in to settle disputes.
Outstanding Debts
Probate ensures all debts are handled before heirs receive their share of the estate. That means mortgages, back taxes, or liens tied to the property must be addressed. These obligations can cut into the final proceeds or slow down the timeline if additional approvals are needed.
Property Condition
Homes going through probate are often older or haven’t been maintained in years. Issues like asbestos, foundation damage, or significant deferred maintenance can scare away traditional buyers or make the property difficult to finance. In these cases, many families choose to sell the house as-is to a cash buyer, avoiding costly repairs and moving the process forward faster.
Final Thoughts — Sell a Probate House Fast in Washington
At the end of the day, selling a house in probate in Washington is absolutely possible — but it does come with extra steps and potential complications. Between family decisions, court requirements, and the property’s condition, the process can feel overwhelming for heirs already dealing with loss.
If your top priority is speed and certainty, working with a trusted local cash buyer can make all the difference. At Orca Homes, we specialize in buying probate properties as-is — meaning no repairs, no staging, no realtor commissions, and no drawn-out waiting periods. We provide fair cash offers and can close quickly, helping families move forward without added stress.
Ready to simplify the probate process? Get a no-obligation cash offer from Orca Homes today and sell on your terms.
FAQ: Probate House Sales in Washington
Can you sell a house without going through probate in WA?
In many cases, no — if the estate includes real property or is valued over $100,000, probate is usually required in Washington. However, there are exceptions. Homes held in a revocable living trust, transferred with a Transfer on Death (TOD) deed, or owned in joint tenancy with right of survivorship may bypass probate entirely. Learn more about your alternatives in our guide to selling a house as-is
Can you live in a house during probate?
Yes, you can often live in the property while probate is ongoing, as long as you’re an heir or have the executor’s permission. Just keep in mind that the home is still part of the estate, and decisions about selling it will ultimately require the executor’s authority and possibly court approval.
Can you empty a house before probate is complete?
You should be cautious. Personal belongings inside the home are considered estate assets, so heirs usually can’t remove or sell items until the executor authorizes it. Taking belongings too early can cause disputes among family members or create legal complications in the probate process.
How long does it take to sell a house in probate in WA?
On average, probate in Washington takes 6–12 months. The home can often be listed or sold once the court grants authority to the executor, but disputes, debts, or required hearings can extend the process. For families who need a faster solution, selling directly to a cash buyer can cut out many of the delays.
