Detailed Answer
This section explains, under Washington law, the typical paths to put real property titled in a deceased parent’s name into the names of their children when the parent died without a will. It covers how to find the heirs, when you can avoid full probate, and the steps to get the deed recorded in the heirs’ names.
1. Confirm basic facts and documents
- Obtain the official death certificate (contact the Washington State Department of Health for certified copies: https://www.doh.wa.gov/).
- Find the current deed and title information at the county auditor/recorder where the property is located. The deed will show whether the property was owned solely by the deceased, jointly with rights of survivorship, or held as community property.
- Check for any mortgage, tax liens, or other encumbrances on the property.
2. Who inherits when there is no will (intestate succession)
Washington’s intestacy rules determine who is entitled to the decedent’s property when there is no will. These rules are found in the Washington Probate Code (Title 11). See the intestacy chapter here: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04. Typical rules you should know:
- If the decedent left a surviving spouse and children, distribution depends on whether the children are also the spouse’s children and whether property is community property. Washington is a community property state; a spouse may have rights to community property even if there is no will.
- If there is no surviving spouse, the decedent’s children generally inherit the estate.
- If there are no children or spouse, other relatives may inherit under the intestacy rules (parents, siblings, etc.).
3. Two common ways to transfer the house into heirs’ names
Generally you can transfer real property by one of two paths depending on the estate’s size, complexity, and whether the heirs agree.
a. Small-estate procedures (avoid full probate if eligible)
Washington has statutory procedures for smaller estates that can allow transfer of property or collection of assets without a full probate administration. See the small-estate chapter here: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62. Typically these procedures let a person entitled to property make an affidavit or use a simplified procedure to collect assets or transfer title when certain conditions are met.
Key points:
- Small-estate procedures usually require that the total estate (or at least the property you seek to transfer) falls under statutory limits and that no one else has initiated a probate administration.
- If eligible, an heir can often use an affidavit or an expedited petition to get title transferred or to instruct the county recorder to accept a deed transferring the property to the heirs.
b. Formal probate administration
If the estate is large, there are disputes, creditors, or the small-estate procedures do not apply, you must open a probate case in the county Superior Court where the decedent lived. The steps generally include:
- Filing a petition to appoint an administrator (personal representative) and opening estate proceedings.
- The court appoints an administrator who collects assets, notifies creditors, files an inventory, and pays valid debts and taxes.
- After debts and expenses are resolved, the administrator petitions the court for an order of distribution under the intestacy statutes. The court’s order is then used to transfer the real property to the heirs, and the administrator executes a deed to the heirs and records it.
Probate procedure and administration in Washington are governed by the rules and statutes in Title 11. See general probate statutes: https://app.leg.wa.gov/rcw/default.aspx?cite=11.
4. Practical steps to transfer title (summary)
- Confirm how the property is titled now (sole name, joint tenancy, community property). If the deed showed joint tenancy with right of survivorship, the property often passes automatically to the surviving joint owner, and no probate is needed.
- If title was solely in the decedent’s name and small-estate procedures apply, follow the affidavit/small estate process in RCW chapter 11.62 to record a transfer. Check the statute and the county auditor’s requirements: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
- If small-estate procedures do not apply, file for probate in Superior Court. The court will appoint an administrator and, after administration, issue an order to transfer title to the heirs according to RCW chapter 11.04: https://app.leg.wa.gov/rcw/default.aspx?cite=11.04.
- Record the new deed (administrator’s deed or heirs’ deed) with the county auditor/recorder once you have either the affidavit/allowance or the court’s order. Each county has its own recording requirements and fees.
5. Other legal issues to watch for
- Homestead and family allowance: Washington law provides certain protections (homestead allowance, family allowance) for a surviving spouse or minor children. See RCW chapter 11.40: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.
- Creditors and taxes: Before distribution, valid creditors must be paid and tax issues addressed. That can affect the timing and whether the estate needs full probate administration.
- Lender and mortgage issues: If the house has a mortgage, the lender’s obligations and rights (including due-on-sale clauses) must be considered.
- Heir disputes: If multiple heirs disagree about selling or keeping the property, a court may need to resolve the dispute, potentially leading to partition proceedings.
6. Where to find forms and local instructions
Washington Courts provide probate forms and information online: https://www.courts.wa.gov/forms/. For county-specific recording requirements, contact the local county auditor/recorder’s office where the property is located.
7. When to talk to a lawyer
Consider consulting a probate or real estate attorney if any of the following apply: multiple heirs who disagree, significant debts or taxes, complex assets, liens or mortgages, out-of-state property, or uncertainty about whether small-estate procedures apply. An attorney can explain options, prepare court papers, and ensure the transfer is recorded correctly.
Important statutory references (Washington)
- Intestate succession and distribution: RCW chapter 11.04 — https://app.leg.wa.gov/rcw/default.aspx?cite=11.04
- Small-estate and simplified collection procedures: RCW chapter 11.62 — https://app.leg.wa.gov/rcw/default.aspx?cite=11.62
- Homestead allowance and family allowance: RCW chapter 11.40 — https://app.leg.wa.gov/rcw/default.aspx?cite=11.40
Disclaimer: This article is educational only and is not legal advice. Laws change and every situation is different. To protect your rights and make sure transfers and filings are done correctly, consult a licensed Washington attorney before signing documents or filing petitions in court.
Helpful Hints
- Start by getting several certified death certificates; lenders, banks, and county recorders will require copies.
- Look for a deed or title report before spending time on probate—ownership wording (joint tenancy) can avoid probate entirely.
- Contact the county auditor/recorder early to ask what documents they will accept to record a new deed in your county.
- If you think the estate might be small, review RCW chapter 11.62 and the Washington Courts’ forms for small estate affidavits to see if you qualify.
- Keep a written record of communications with other heirs; agreement in writing can simplify transfers and reduce litigation risk.
- If the house is encumbered, talk to the mortgage lender about options—selling, refinancing, or assuming the loan may be necessary.
- Don’t sign or notarize a deed until you’re certain who has the legal authority to sign. If an administrator is required, only the court-appointed administrator should sign to transfer title.