How to keep a family home in the family: buying your siblings’ shares under Washington law

This FAQ-style guide explains, in simple terms, the common paths and practical steps for buying out your siblings’ interests in a parent’s home in Washington so the property does not have to be sold through probate. The discussion assumes a typical situation: a parent has died and the house is part of the parent’s estate (no living trust or survivorship deed was already in place). This is general information, not legal advice.

Short answer

If the house is part of your parent’s probate estate in Washington, you generally have two practical routes to keep the house without a court-ordered sale: 1) negotiate and buy your siblings’ inherited shares (either before or after probate distributes interests), or 2) pursue a court partition if an agreement cannot be reached. To complete a buyout you will need to confirm ownership, get an accurate valuation, negotiate price and payment terms, clear title (mortgages, liens, taxes), and record a deed transferring the sellers’ interests. The probate code (Title 11 RCW) governs probate procedures and provides alternative small‑estate procedures in some cases.

Step-by-step process (typical scenario)

1. Confirm how title passes

Before anything else, determine how the house will pass on death. Look at the deed and any estate planning documents:

• If the deed names joint tenants with right of survivorship or the home is owned by a living trust, the property likely passes outside probate and you may not need to buy siblings’ interests through probate.
• If the deed names the parent as sole owner or the interest is part of the parent’s probate estate, the decedent’s share typically passes through probate to heirs or beneficiaries (or by intestacy if there is no will).

2. If property is in probate — identify the personal representative (executor) and heirs

Find out whether a probate case is open and who the personal representative is. The personal representative administers the estate and will be involved if title must be transferred before you record a deed. See Washington probate law (Title 11 RCW) for general rules: RCW Title 11 (Probate and Trusts).

3. Determine heirs’ shares

If there is a will, it may specify who inherits the house or the decedent’s share. If there is no will, state intestacy law governs who inherits. Confirm each heir’s share so you know how much you must purchase.

4. Get a current market value

Obtain a professional appraisal or comparative market analysis. A neutral valuation prevents disputes and supports financing if you plan to get a mortgage to fund the buyout.

5. Negotiate the buyout terms

Discuss price and payment structure with your siblings. Options include:

• One-time cash payment for each sibling’s percentage interest;
• Payment plan or promissory note secured by the property;
• Swap of other assets or an adjustment of other inheritances under a family settlement agreement.

Get any agreement in writing. If the estate is in probate, the personal representative or the court may need to approve some transactions depending on local practice and whether the asset is required to be sold to pay estate debts.

6. Clear liens, mortgages, and taxes

Make sure outstanding mortgages, tax liens, or other encumbrances are addressed. If the property has a mortgage, the lender may need to approve a transfer or require you to refinance into your name.

7. Complete the deed transfer

When siblings are ready to transfer their ownership interests to you, they typically sign a deed (often a quitclaim deed or warranty deed) conveying their share. The deed should be properly notarized and recorded in the county where the property sits. Recording updates the public record and shows you as the new owner of the conveyed interests.

8. Title search and title insurance

Do a title search before closing to identify any unexpected liens or claims. Consider purchasing title insurance when the deed is recorded for protection against hidden defects.

9. If heirs won’t agree — partition action as a last resort

If one or more co-heirs refuse to sell or accept a buyout, any co-owner may file a partition action in Superior Court to force sale or division. Courts can either physically divide land (rare) or order a sale and divide proceeds. Partition is usually time-consuming and expensive; a negotiated buyout is often better.

Special procedural tools in Washington

Washington’s probate law contains procedures that can simplify small estates or allow family settlement agreements in some situations. For example, Washington has small‑estate affidavit procedures and other probate rules intended to simplify administration for modest estates. See the probate statutes here: RCW Title 11. For small‑estate procedures, see the small‑estate provisions in Title 11: RCW 11.62.

Common pitfalls and how to avoid them

• Failing to confirm whether the property already passed outside probate (trust or survivorship): do a deed and trust search first.
• Skipping an appraisal: overpaying or underpaying leads to family conflict.
• Ignoring liens and mortgage obligations: you may inherit liabilities if they are not resolved.
• Not recording the deed: an unrecorded deed leaves your ownership vulnerable.
• Assuming probate administration will not affect the transfer: if probate is open, the personal representative may have duties and authority that affect how transfers are handled.

Practical checklist

• Obtain the current deed and any estate documents (will, trust).
• Confirm whether probate is open and identify the personal representative.
• Get an appraisal or broker price opinion.
• Negotiate a written buyout agreement with timelines and payment terms.
• Arrange financing or cash to fund the buyout and clear liens.
• Complete a title search and obtain title insurance.
• Have siblings execute the deed and record it in the county recorder’s office.
• Update homeowner insurance and property tax records to reflect new ownership.

When to talk to an attorney

Consider talking with a Washington probate or real estate attorney if any of these are true:

• There is a mortgage, tax lien, or complex creditor issue;
• The estate is in formal probate and you’re unsure whether a transfer requires court approval;
• Heirs disagree and you expect litigation or a partition action might be filed;
• You need help drafting a family settlement agreement, promissory note, or deed form.

Helpful hints

• Start with the deed and probate records—those facts determine the path forward.
• Use a neutral professional (appraiser) to set value and avoid family disputes.
• Get agreements in writing and record deeds promptly to protect your ownership.
• If financing the buyout, talk to mortgage lenders early—many require re‑financing when ownership changes.
• Consider using an escrow or closing agent to handle funds and recordation safely.
• If possible, resolve matters by written family agreement—court partition is slow and costly.

Disclaimer: This article provides general information about Washington law and is not legal advice. It does not create an attorney‑client relationship. Laws change and every situation is different—consult a licensed Washington attorney to get advice tailored to your specific facts.