Detailed Answer
When a decedent’s real property in Washington is sold—often during probate—the personal representative (executor) oversees the transaction. Heirs (distributees) generally do not sign sale documents themselves, but they must complete certain authorization and release forms to receive their share of the net sale proceeds. Below are the key forms and legal requirements under Washington law:
1. Receipt and Release of Distribution
Under RCW 11.76.060, after the sale, the personal representative must obtain a signed Receipt and Release from each heir. This document confirms the heir has received their share and releases the personal representative from further liability.
Link to statute: RCW 11.76.060
2. Waiver of Homestead or Dower Rights (if applicable)
If the decedent’s spouse is an heir and homestead or dower rights are at issue, the spouse may need to sign a specific waiver. Washington’s homestead statute allows a surviving spouse to claim a life estate (§6.13.085), but they can also waive that right in writing to facilitate distribution.
Link to statute: RCW 6.13.085
3. Small Estate Affidavit (Personal Property Only)
If the estate qualifies as a “small estate” (total personal property under $100,000 excluding real property), heirs can use a Small Estate Affidavit to collect personal assets without full probate. Note: This procedure does not apply to real property sale proceeds.
Link to statute: RCW 11.62.010
4. Title Company or Closing Agent Forms
Most title companies use their own “Distribution Authorization” or “Escrow Instruction” form. Heirs sign to confirm their entitlement percentages and direct the closing agent to wire or issue checks according to those percentages.
These forms vary by company but typically include:
- Identification of heir and signature block
- Percentage or dollar amount of distribution
- Indemnity clause protecting the closer from future claims
5. Directed Distribution Agreement (Optional)
If heirs agree on a special allocation—such as paying off debts before distribution—they may draft a simple Directed Distribution Agreement. This private memo sets out who gets paid what and attaches to the personal representative’s final accounting filed with the court (see RCW 11.76.120).
Link to statute: RCW 11.76.120
Helpful Hints
- Get legal guidance. Even though these forms look simple, errors can delay your distribution.
- Keep copies. Retain signed releases and closing statements for your records.
- Verify figures. Confirm sale proceeds and all deductions (fees, taxes, commissions) before signing.
- Watch deadlines. Sign and return forms promptly to avoid escrow delays.
- Use correct forms. Ask the closing agent which specific forms they require—templates vary.