How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? (WA)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

How to get the probate court’s permission to sell estate property when the clerk’s office won’t explain the filing requirements

Short answer

If you are the personal representative (executor or administrator) of an estate in Washington, you must ask the Superior Court that is handling the probate to authorize the sale of real property or other estate assets. That usually means filing a written petition (sometimes called a “Petition for Order Authorizing Sale of Property”), a proposed order the judge can sign, proof of your appointment (letters), and proof you gave required notice to heirs, beneficiaries, and creditors. If the clerk’s office won’t explain the steps, use the court’s published probate forms and rules, request a supervisor or self-help resources, or file the petition and supporting papers described below. See Washington probate law at RCW Title 11: https://app.leg.wa.gov/RCW/title11/.

Detailed answer — step by step (Washington)

1) Identify your legal role and check the court file

Make sure you are the appointed personal representative. If you have Letters Testamentary or Letters of Administration, locate a copy. If the estate is not yet opened, you can’t sell estate property until the court appoints someone. The probate case is in Superior Court in the county where the decedent lived.

2) Use official forms and self-help resources

Washington State Courts publish probate forms and self-help guidance online. Those pages show common petitions, notices, and local filing instructions: https://www.courts.wa.gov/forms/?fa=forms.home&group=Probate and the Self-Help Center: https://www.courts.wa.gov/selfhelp/. If the clerk won’t explain, these resources often list required filings and sample documents you can adapt.

3) Prepare the core papers the court expects

Although local practice varies by county, courts routinely expect these items when a personal representative asks to sell property:

  • Petition/Request: A short written petition asking the court to authorize sale of the described property. Identify the case number, your authority (letters), the property description, reason for sale, and proposed sale terms (price or a plan to accept the highest offer).
  • Proposed Order: A clean, signable order the judge can sign authorizing the sale and specifying any conditions (e.g., requirement to publish notice, approval of sale price, escrow instructions).
  • Letters/Appointment: A copy of your Letters Testamentary or Letters of Administration showing your authority to act for the estate.
  • Inventory or appraisal: An estate inventory or a recent appraisal/market valuation of the real property (to show reasonableness of the price).
  • Notice proof: Declarations showing you gave required notice to interested persons (heirs, beneficiaries, spouse, and known creditors). Notice method depends on statute and local rule.
  • Affidavit of publication: If the court requires publication to unknown heirs or creditors, you will need proof the notice was published.

Local courts may supply a fill-in Petition for Sale form. If so, use it. If not, draft a short petition that hits the points above.

4) Give required notice

Washington law requires notice to interested persons for many probate petitions. The court will want proof you gave notice in the required manner and timeframe. When in doubt:

  • Mail written notice to all beneficiaries named in the will and to heirs-at-law you can identify.
  • Provide notice to the decedent’s surviving spouse if there is one.
  • Provide the form of notice required by statute or local rule and file a declaration proving service (who was served, when, and how).

If unknown heirs might exist, the court may require publication. The court’s forms and local rules explain publication requirements.

5) File the petition with the Superior Court and pay the fee

File the petition, proposed order, and supporting declarations with the Superior Court clerk in the county handling the probate. Filing methods vary: in-person, by mail, or e-file if your county requires it. If you cannot get helpful guidance from the clerk, check the county Superior Court website for filing instructions and fees.

6) What happens next — hearing or ex parte order

The judge may sign the order without a hearing (ex parte) if no one objects and notice requirements are met. If someone objects or the judge needs more information, the court will set a hearing. If a hearing is set, you must serve the notice of hearing on interested persons and appear in court (or through counsel).

7) If the sale is to a related party or to the personal representative

If the buyer is an interested person (an heir, beneficiary, or the personal representative personally), the court scrutinizes the sale more closely. Be prepared to show the sale is at fair market value, supported by an appraisal or comparable sales, and that you offered the property for fair marketing.

8) If the clerk’s office refuses to explain procedures or produces incorrect information

  • Ask to speak to a supervisor or the court’s administrator.
  • Document your attempts to get information (dates, names, summaries).
  • Use the court’s online forms and instructions or the statewide self-help center: https://www.courts.wa.gov/selfhelp/.
  • Consider filing the petition with a clear cover letter describing the documents you are filing and asking the clerk to docket them. Clerks generally accept filings even if they cannot give legal advice.
  • If you encounter persistent obstruction or misinformation, consult a local attorney or the Washington State Bar Association resources: https://www.wsba.org/for-the-public/find-legal-help.

9) Practical checklist — what to bring to the court or include when e‑filing

  1. Case number and decedent’s name.
  2. Petition for Order Authorizing Sale of Property.
  3. Proposed Order for Judge’s signature.
  4. Copy of Letters (showing your appointment).
  5. Inventory, appraisal, or comparable sales data.
  6. Notice documents and proposed proof of service.
  7. Cover letter explaining the filing and your contact information.
  8. Filing fee or fee waiver request (if eligible).

Statutes and official resources

Washington’s probate and fiduciary law is in RCW Title 11: https://app.leg.wa.gov/RCW/title11/. The Washington State Courts provide probate forms and guidance here: https://www.courts.wa.gov/forms/?fa=forms.home&group=Probate. For self-help resources about estate administration: https://www.courts.wa.gov/selfhelp/.

Common problems and how to handle them

Clerk refuses to give legal advice

Clerks cannot give legal advice, but they should tell you what forms the court accepts and where to file. If you need legal interpretation, consult a lawyer or the court’s self-help materials.

No one responds to notice or beneficiaries consent informally

If all interested persons sign a written Consent and Waiver that is filed with the court, the judge may approve the sale without a contested hearing. Still file a petition and proposed order so the court makes the sale official.

Potential objections from heirs or creditors

If an heir or creditor objects, the court will typically schedule a hearing. Be prepared to explain why the sale is necessary and that you followed statutory notice and marketing procedures.

Helpful Hints

  • Always include a clear proposed order the judge can sign. Judges prefer ready-to-sign orders.
  • Attach an appraisal or comparable sales to justify the sale price.
  • If possible, secure written consents from beneficiaries before filing; that speeds review.
  • Document every step: notices mailed, calls to the clerk, and publication affidavits. Courts rely on proof.
  • Ask the court for local probate instructions and check whether your county requires e-filing or specific cover sheets.
  • If you need help filling forms, many county courthouses have self-help centers or volunteer legal clinics; check the court website.
  • Consider a short consult with a probate attorney if the estate is complicated, the buyer is related to the estate representative, or creditors may object.

Disclaimer: This article is educational only and not legal advice. I am not a lawyer. For advice about your situation, consult a licensed Washington attorney or the court’s self-help center.

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.