Steps to Include Real Property in an Estate in Washington

Detailed Answer

When someone dies owning real property in Washington, you must follow certain legal steps to transfer that property into the decedent’s estate and ultimately to heirs or beneficiaries. Below is a clear roadmap under Washington law.

1. Identify Ownership and Title Status

Begin by reviewing the deed recorded at the county auditor’s office. Determine whether the property is held:

• In sole ownership (decedent only).
• In joint tenancy with right of survivorship (automatically passes to surviving joint tenant).
• Under a Beneficiary Deed (see RCW 11.98.010).
• As community property with right of survivorship.

Only property owned in the decedent’s name (sole or community) without a valid beneficiary deed or joint tenancy interest passes through probate.

2. File a Petition for Probate

If the property must pass through probate:

1. Prepare a probate petition in the superior court of the county where the property is located. (See RCW 11.28.010.)
2. Attach the original will (if any) and a certified copy of the death certificate.
3. Pay the filing fee and submit to the clerk’s office.

3. Appoint a Personal Representative

The court issues Letters Testamentary or Letters of Administration to your personal representative. That person has legal authority to manage and distribute estate assets. (See RCW 11.28.194.)

4. Inventory and Appraise the Real Property

Within 60 days of appointment, file an inventory listing all estate assets, including real property. The court may require a licensed appraiser to determine fair market value. (See RCW 11.76.110.)

5. Notify Creditors and Publish Notice

Notify known creditors and publish a notice to unknown creditors in a local newspaper. Creditors have four months to file claims. (See RCW 11.40.020.)

6. Resolve Claims and Pay Debts

The personal representative reviews and pays valid claims from estate funds before distributing real property or other assets to beneficiaries.

7. Transfer Title to Beneficiaries

Once debts and expenses are resolved, prepare a deed transferring the property to heirs or devisees. The personal representative signs the deed, which you record with the county auditor. Include an affidavit of domicile or follow small estate procedures if the estate qualifies under RCW 11.76.120.

8. Close the Estate

File a final accounting and petition for distribution. After court approval, the estate closes and the personal representative is discharged.

Disclaimer: This article provides general information about Washington probate procedures. It does not constitute legal advice. Consult a licensed attorney to address your specific situation.

Helpful Hints

• Review all deeds at the county auditor’s office to confirm current ownership.
• Consider a Beneficiary Deed for non‐probate transfer of real estate. (RCW 11.98.100)
• Keep detailed records of expenses and communications with creditors.
• Use certified mail for notices to known creditors.
• Hire a qualified appraiser to avoid disputes over property value.
• File all required forms and reports on time to prevent delays or surcharges.