Washington — Securing a House, Inventorying Estate Property, and Preventing Removal by Siblings

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short summary: Until a court appoints a personal representative (administrator/executor), the deceased person’s property remains part of the estate. That means no one has legal authority to permanently take or dispose of estate property. If you are worried siblings may remove items, act promptly to preserve the property, document everything, and ask the probate court for expedited relief if needed.

How Washington law frames the situation: Washington probate law places responsibility for collecting, preserving, and distributing estate property on the person the court appoints as the personal representative. See the Washington probate statutes at Title 11 of the Revised Code of Washington (RCW): https://apps.leg.wa.gov/rcw/title11/. For rules about appointment of a personal representative, see RCW chapter 11.28: https://apps.leg.wa.gov/rcw/title11/chapter11.28/.

Practical steps you should take right away

  1. Do not escalate by force or illegal self-help. Avoid confrontations. If someone is inside the home, do not try to physically remove them or their belongings. Washington law generally requires use of legal processes for evictions or removal.
  2. Document condition and contents immediately. Walk through the house (safely) and take time-stamped photos and video of every room, closets, safes, and valuable items. Photograph serial numbers, watches, jewelry, art, electronics, vehicles, and any mail or banking statements left on the premises. Save copies of these files in the cloud or with a trusted person off-site.
  3. Create an itemized inventory log. Make a list — room by room — of major items and valuables. Note approximate value and serial numbers when possible. Have a neutral witness (friend, neighbor) sign or verify the inventory and photos if possible.
  4. Secure the property. If no one is living there and you have lawful access, change or rekey exterior locks and secure windows. If another family member is living there, do not change locks without court authority or agreement — doing so can create legal problems (possible trespass claims). When in doubt, contact the county sheriff and ask about a civil standby so changes can happen without confrontation.
  5. Protect high-value items. If you can lawfully remove small, high-value items (jewelry, original wills, bank records) for safekeeping, do so carefully and document removal with photos, a written list, and a signed receipt. If you are unsure whether you have authority to remove items, consult an attorney before doing so.
  6. Gather key documents. Locate the decedent’s will (if any), deeds, vehicle titles, insurance policies, and recent bank statements. These documents help speed appointment of a personal representative and protect assets.
  7. Send written notice to siblings and occupants. Draft a calm, factual letter (email and certified mail recommended) telling family members that an estate administration is likely and asking that no items be removed or sold until a personal representative is appointed. Keep copies of all correspondence.
  8. Contact local law enforcement if theft is occurring. If you witness someone removing property right now, call police. Removing property belonging to the estate can be theft or conversion. If law enforcement declines to act, document the incident and notify the probate court when you file.
  9. File for appointment promptly. The fastest way to gain legal control is to petition the probate court in the county where the decedent lived for appointment as personal representative (administrator). The court can appoint someone quickly and give them legal authority to inventory and protect estate assets. See the Washington Courts forms and probate information: https://www.courts.wa.gov/forms/ and RCW chapter 11.28 for statutory guidance: https://apps.leg.wa.gov/rcw/title11/chapter11.28/.
  10. Ask the court for emergency or temporary relief if necessary. If assets are in immediate danger of loss or removal, your attorney can ask the court for temporary orders or an expedited appointment. Probate judges can issue orders that prevent further removal or require return of property once someone is appointed.

What the future administrator should do (once appointed)

  • Prepare and file a formal inventory and appraisal of estate assets as required by the court and Washington probate rules (duties of a personal representative are laid out in the probate statutes — see RCW Title 11: https://apps.leg.wa.gov/rcw/title11/ and related probate chapters: 11.28, 11.40).
  • Secure keys, alarm codes, and insurance coverage; change locks if appropriate.
  • Collect, appraise, and, if necessary, store valuables in a bonded facility or bank safe deposit box.
  • Keep detailed records and receipts for any expenditures and movements of property; the court will require accounting.

When a sibling is living in the house

If a sibling occupies the home, treat tenancy issues carefully. Occupant may have certain rights (permission to stay, tenancy by the decedent, or permission from the estate). Do not forcibly evict; instead, seek court guidance or an eviction under local landlord-tenant law only after appointment and proper legal process.

When to call a probate attorney

Talk to a probate attorney if any of the following apply: valuable assets are at risk; relatives refuse to cooperate; someone is taking or selling items; occupants refuse to permit inventory; or the estate is complex (real estate, business interests, or disputed will). An attorney can file a petition for immediate appointment and temporary injunctive relief.

Disclaimer: This article is informational only and is not legal advice. For advice about a specific situation, consult a licensed Washington attorney.

Helpful Hints

  • Keep communication calm and documented. A courteous certified letter often prevents escalation.
  • Time-stamp photos and upload them to cloud storage to create an independent record.
  • Ask a neutral third party (neighbor or family friend) to act as witness when you inventory or secure things.
  • Do not throw away documents or remove bank statements, titles, or the original will — these are critical.
  • If you think theft is occurring, call police and then immediately document what happened for the probate court.
  • Contact the county sheriff to ask about “civil standby” if you must change locks and people are present or likely to object.
  • File for appointment quickly — once appointed, the personal representative has clear authority to protect estate assets and seek return of taken property.
  • Keep records of all costs you incur securing the property — these can often be reimbursed from the estate when you are appointed.
  • Review Washington probate resources and statute material: RCW Title 11 (probate statutes) — https://apps.leg.wa.gov/rcw/title11/, and probate forms at Washington Courts: https://www.courts.wa.gov/forms/.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.