Detailed Answer

This answer explains, in plain language, how to complete probate in Washington when a decedent’s will is outdated (for example, it does not reflect current assets or relationships) and how to make sure you have legal authority to sell real estate or other titled property that appears to be part of the estate.

1) First things to understand: what “outdated will” means

An “outdated” will can mean different things:

• The will is old but valid and is the decedent’s last signed, unrevoked will.
• The will doesn’t reflect current asset ownership (e.g., property was transferred into a trust or title changed to joint tenancy after the will was signed).
• Life changes after the will (marriage, divorce, births, new property) may affect how the will operates under Washington law.

Washington probate law treats the most recent valid will as controlling. You cannot replace the decedent’s will after death with a more recent intent unless a later valid will exists. See Washington’s probate statutes (Title 11, RCW) for the governing framework: RCW Title 11 (Probate and Trust).

2) Is the property subject to probate?

Before trying to sell, determine whether the property is a probate asset. Common non‑probate transfers that bypass probate include:

• Joint tenancy with right of survivorship (property passes automatically to surviving joint tenant).
• Property titled in a living trust (title typically stays with the trust and avoids probate).
• Real estate or accounts with a transfer-on-death (TOD/POD) beneficiary designation.

If the title is still in the decedent’s name and there was no effective non‑probate transfer, it is likely a probate asset and can be administered and, if necessary, sold through the probate process.

3) Who gets authority to act for the estate?

To sell estate property, someone must be appointed by the superior court as the personal representative (commonly called an executor if named in the will or an administrator if no valid will exists). That appointment results in Letters Testamentary or Letters of Administration. The court grants the representative the legal authority to collect assets, pay debts, and, with court approval when required, sell estate property.

4) Typical step-by-step process to finalize probate and obtain authority to sell property in Washington

1. Locate the most recent will and determine validity. File the will with the Superior Court in the county where the decedent lived and petition for probate if needed.
2. Open probate and request appointment. File a Petition for Probate (testate or intestate as applicable) so the court can appoint a personal representative and issue Letters that prove authority.
3. Identify and inventory assets. Determine whether the real property is owned by the decedent individually (probate asset) or outside probate (joint tenancy, trust, TOD).
4. Give required notices. Washington law requires notice to beneficiaries, heirs, and creditors. The personal representative must follow notice rules and deadlines under Title 11 RCW, which affect timing for selling assets and distributing proceeds. See RCW Title 11 for probate notice and administration rules.
5. Request court authorization to sell (if needed). If the will expressly grants the personal representative the power to sell real property, sale may proceed subject to the estate’s duties and notices. If there is no express grant, or if beneficiaries or creditors may object, the safe path is to file a petition for order authorizing sale of real property. The court can grant an order authorizing sale, set terms, and require notice to interested parties.
6. Handle liens, mortgages, taxes, and homestead/exemptions. Pay or arrange for payment of mortgage, liens, taxes, and funeral expenses before distribution. If you plan to sell to satisfy debts or pay expenses, disclose that to the court if required.
7. Market and sell the property through normal real estate procedures. Use a broker if appropriate. The personal representative signs the sales contract; closing typically requires court approval or the authority shown by the Letters.
8. Close escrow and record conveyance. The deed to the buyer is signed by the personal representative; proceeds go into the estate account and are distributed after debts and expenses are paid.
9. Account to the court and distribute. Prepare estate accounting and ask the court to approve final distribution and close the estate once debts, expenses, and taxes are resolved.

5) When do you need a court order to sell?

You should get a court order when:

• The will does not expressly give the personal representative power to sell real property.
• Beneficiaries or heirs object to the sale or its terms.
• The sale is necessary to pay estate debts, creditors, or taxes and you anticipate contest or claims.
• There are complications such as competing claimants, unknown heirs, or title issues.

Even when the will authorizes sale, many practitioners still file a simple petition for approval or provide notice to protect against later disputes.

6) Common complications and how to address them

• Outdated will conflicts with later non‑probate transfer: If a later deed or beneficiary designation governs, the property may not be in probate. Obtain title documents and beneficiary records before proceeding.
• Will is ambiguous or a beneficiary is disinherited by a later event (e.g., divorce): Washington law may revoke certain provisions after events like divorce. If this is an issue, expect possible contests and consider seeking court direction early.
• Creditor claims: Estate assets may need to be held or used to pay valid creditor claims; selling property prematurely can create liability if creditor notices are not honored.
• Heir or beneficiary disputes: If a sale is contentious, the court can order the sale and distribution of proceeds to avoid partition fights among heirs.

7) Practical examples (hypothetical)

Example A: The decedent’s signed will (10 years old) leaves the house to a named beneficiary. After the will, the decedent added a joint tenant on the deed. Because the house is now joint tenancy, it passes to the joint tenant outside probate; the named beneficiary under the will generally would not receive the house.

Example B: The will leaves the house to Beneficiary A, but the will contains no express sale power and three beneficiaries disagree about selling. The personal representative petitions the court for an order authorizing sale; the court holds a short hearing, grants the order, and sets how sale proceeds are distributed.

8) Key Washington law resources

• Washington’s probate statutes: RCW Title 11 (Probate & Trust).
• Washington Courts — probate information and local court contacts: Washington Courts: Probate.

Helpful Hints

• Obtain certified death certificate copies early; courts and title companies require them.
• Confirm how title to the property is held (deed, joint tenancy, trust, TOD) before assuming it is a probate asset.
• File for appointment of a personal representative promptly to get Letters that prove your authority to act to banks, title companies, and brokers.
• If the will does not expressly permit sale, seek a court order to sell—this avoids later challenges by heirs or creditors.
• Keep detailed records of all estate transactions, notices, and communications—these will be needed for accounting to the court and to defend against claims.
• If beneficiaries disagree about selling, consider mediation or ask the court to resolve the dispute to avoid personal liability for the representative.
• Contact the county recorder’s office for current title information and the county superior court clerk for local probate filing requirements and forms.
• When in doubt, consult a Washington probate attorney to review the will, title, and creditor situation before listing property for sale.

Final reminder: this post is informational only and not legal advice. Probate can be complex and mistakes can create personal liability for the personal representative. If you face conflicting documents, unclear title, or potential contests, consult a licensed Washington attorney to protect the estate and your interests.