Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance specific to your situation.
Detailed Answer
When a homeowner in Washington dies without a will (intestate) and multiple heirs exist, the title to the home transfers through the probate process under Washington’s intestate succession laws. Here’s how it generally works:
1. Open Probate in Superior Court
The probate process begins by filing a petition in the Superior Court of the county where the decedent lived. The court will appoint an administrator to manage the estate, collect assets, pay debts, and distribute property.
2. Identify Heirs and Apply Intestate Succession Rules
Washington law outlines who inherits when there’s no will. Under RCW 11.04.015, the estate passes to the closest relatives in this order:
- Spouse and children
- Children only
- Parents
- Siblings
- Other relatives as defined in statute
(See full rules at RCW 11.04.015.)
3. Determine Whether a Small Estate Affidavit Applies
Washington permits a Small Estate Affidavit for personal property if the estate’s personal assets total under $100,000 and has no real property. However, real estate (like a home) cannot be transferred via small estate affidavit. For real property, formal probate is required to clear title. (RCW 11.28.307.)
4. Administrator’s Duties
The appointed administrator will:
- Inventory the estate’s assets (including the home)
- Notify creditors and pay valid claims
- File a final accounting with the court
- Prepare a petition for distribution of the home to heirs
5. Court Order and Deed Preparation
Once debts are satisfied and heirs are confirmed, the administrator petitions the court for an order of distribution. The court issues an order confirming who inherits the home and in what shares. The administrator then executes a deed (often a personal representative’s deed) transferring title to the heirs. That deed is recorded with the county auditor.
6. When Heirs Disagree
If heirs cannot agree on how to use or divide the property, the court may authorize a partition action. A partition divides the property physically or orders a sale, with proceeds distributed to heirs.
Helpful Hints
- Gather death certificate, property deed, and information on surviving relatives early.
- Consult probate local rules in your county—procedures can vary slightly by county.
- Keep clear records of all expenses paid by the estate to avoid later disputes.
- If all heirs agree, an informal probate (unsupervised) can streamline the process.
- Consider hiring a probate attorney for complex estates or disputes among heirs.