Detailed Answer

Short summary: If you need a court’s permission to sell real property and use the sale proceeds to pay off a mortgage in Washington, the exact steps depend on your legal authority over the property (for example, personal representative in probate, trustee under a trust, guardian of an incapacitated person’s estate, or a conservator/guardian). In every situation you must show the court why the sale is necessary or in the best interest of the estate or protected person, give required notice, and obtain a signed court order authorizing the sale. After the sale, you will normally use the closing to pay the mortgage, record the deed, and report to the court.

Which Washington rules and laws apply?

Many issues about selling property in court-supervised situations fall under Washington’s probate, guardianship, and trust laws (see RCW Title 11). For practical procedural forms and local filing details, Washington Courts provides forms and guidance for probate and guardianship cases. Useful links:

• Revised Code of Washington (RCW) — Probate and trust law (Title 11): https://apps.leg.wa.gov/rcw/title11/
• Washington Courts forms and information (probate, guardianship, orders, notices): https://www.courts.wa.gov/forms/

Who commonly needs court approval?

• Personal representatives (executors/administrators) selling estate real property during probate.
• Trustees — many trusts permit a trustee to sell without court approval; if the trustee lacks express authority or a beneficiary objects, court involvement may be required.
• Guardians or conservators (guardians of the estate) for minors or incapacitated adults who must sell a ward’s home to pay debts or convert the asset to cash.
• Parties in a partition or family law matter where the court must approve sale over an owner’s objection.

Step-by-step process to get court approval (common sequence in Washington)

1. Confirm your legal authority. Identify whether you are a personal representative, trustee, guardian of the estate, or have another court appointment. Your document or appointment may already give authority to sell. If so, read the instrument and any statutory limits carefully.
2. Review governing documents and RCW Title 11. Check the will, trust, guardianship order, or court appointment for sale language. If you are acting in probate or guardianship, review the relevant provisions of RCW Title 11 to understand the court’s powers and required procedures: RCW Title 11.
3. Talk to the mortgage lender early. Contact the mortgage holder for a payoff statement and any lender requirements for sale or payoff. Lenders may require the buyer’s or closing agent’s instructions, proof of authority to sell, or that payoff funds be routed to a particular escrow.
4. Gather supporting documents. Typical attachments to your court filing include: the deed or title information, mortgage payoff statement, appraisal or broker’s opinion of value, the proposed purchase agreement (if you have a buyer), and an accounting or explanation of why the sale is necessary or in the ward/estate’s best interest.
5. File the correct petition or motion with the court. The pleading varies by case type:
   • Probate: file a petition or motion seeking authority for the personal representative to sell real property (often with proposed order approving sale and terms).
   • Guardianship (guardian of estate): file a petition/motion asking the court to authorize sale of the ward’s real property.
   • Trust: if trustee authority is unclear or a beneficiary objects, file a petition to the superior court seeking instructions or approval.
6. Provide required notice. Washington courts require notice to interested persons—heirs, beneficiaries, known creditors, the ward (if applicable), and others entitled to notice under the governing statute or rule. The court may require proof of mailing or publication depending on the type of proceeding.
7. Attend the hearing and obtain an order. The court will review evidence that the sale is reasonable, that terms are fair, and that it protects creditors and interested persons. If satisfied, the judge signs an order authorizing the sale and specifying any conditions (for example, minimum sale price, requirement that the mortgage be paid at closing, or that escrow hold funds pending accounting).
8. Complete the sale at closing. The closing agent/title company will require the court order or certified copy, the payoff statement, and proof of authority to sign closing documents. Funds from the sale are typically used at closing to pay the mortgage lien and other closing costs before distribution of net proceeds.
9. Record the deed and report to the court. After closing, record the deed and file a final accounting or report with the court showing how sale proceeds were applied (mortgage payoff, commissions, costs) and any requested distributions. The court may require accounting and final approval.

Common evidence the court will expect

• A recent appraisal or broker price opinion showing fair market value;
• Purchase agreement or explanation why sale will benefit the estate/ward;
• Mortgage payoff statement and any title/lien reports;
• Notice and proof of service to interested parties;
• Proposed court order with terms of sale.

Practical tips and problems to anticipate

• If a mortgage is in default, the lender may be pursuing foreclosure—act quickly and notify the court of urgency; the court can sometimes grant expedited relief.
• If there are co-owners or disputed ownership, you may need a partition action or additional court proceedings before the sale.
• Lenders often require clear evidence of authority (court order, letters testamentary/letters of administration, letters of guardianship). Get certified copies for the title company.
• Budget for costs: appraisal, realtor commission, closing costs, court filing fees, and possible bond or additional court-ordered protections.

Timeline

Timelines vary. If no objections and paperwork is complete, a court can often authorize a sale in a few weeks. Contested matters or required publication/notice periods can extend the timeline to months. Emergencies (like an impending foreclosure) may shorten the court’s usual scheduling but still require filings and evidence.

Where to find forms and local court rules

Use the Washington Courts forms website to find petitions, notices, and proposed orders for probate and guardianship matters: https://www.courts.wa.gov/forms/. Also check the superior court website for the county where the property is located for local filing rules and fee schedules.

When you should consider hiring an attorney

Consider counsel if:

• There are competing claims to the property, unclear title, or multiple heirs/beneficiaries;
• The sale is contested by beneficiaries, heirs, or a trustee;
• The property is in foreclosure or there are urgent creditor claims;
• You are unsure how to prepare pleadings, notices, or an accounting to satisfy the court.

Helpful Hints

• Start by confirming your legal role (personal representative, trustee, guardian). That determines the route for court approval.
• Contact the mortgage holder immediately for an exact payoff quote and lender requirements for closing; include that payoff document with your court filing if possible.
• Obtain a written market valuation (appraisal or broker opinion) to support the sale price to the court.
• Use the court’s standard forms when available; courts often reject filings missing mandatory information.
• Give clear, complete notice to all interested people and keep proof of service; missing a notice requirement can invalidate a sale or delay approval.
• Work with a title company or closing agent experienced in probate/guardian sales—they will know what paperwork (orders, certified letters) the lender and county require.
• If time is critical because of foreclosure, file an emergency motion and attach evidence of the foreclosure timeline and any lender communications.
• After closing, file a full accounting with the court showing the mortgage was paid and how remaining proceeds were distributed or held.

Disclaimer: This article explains general Washington procedures and is for educational purposes only. It is not legal advice. Laws and court procedures change. For advice specific to your situation, consult a licensed Washington attorney who practices probate, trust, or guardianship law.