Detailed Answer
Short answer: Possibly — but it depends on who ordered and paid for the appraisal, whether the appraisal was reasonably necessary for estate administration or the buyout, any written agreement among the heirs (or with the personal representative), and whether you are willing to ask a court to require reimbursement. Under Washington law, necessary expenses of administering an estate can be charged to the estate, and a court can order equitable adjustments between co‑owners or heirs when they cannot agree.
Below is a plain‑English breakdown of how Washington law typically treats appraisal costs in an estate buyout situation, what gives you the strongest right to reimbursement, and what to do if a co‑heir refuses to pay.
When reimbursement is most likely
- If a personal representative (executor or administrator) hired the appraiser as part of administering the probate estate, the appraisal is commonly treated as an estate administration expense. The estate (before distribution) should pay that expense and it reduces the estate’s net value.
- If the heirs signed a written agreement (for example, a buyout agreement or written consent) that says the appraisal cost will be shared or reimbursed, that contract governs and is enforceable in Washington courts.
- If the appraisal was plainly necessary to determine fair value for a buyout or sale that benefits all heirs, a court hearing a dispute (for example, in a partition or probate accounting) is likely to treat the cost as chargeable to the estate or apportioned among heirs who benefited.
When reimbursement is uncertain or unlikely
- If you hired an appraiser on your own, for your own information, and you never got agreement from the other heir(s) or the personal representative that they would share the cost, you may have a weaker claim for reimbursement.
- If the appraisal primarily benefited one heir (for example, paid to support that heir’s separate business claim) and not the estate or other heirs, a court may deny reimbursement.
Legal tools Washington law provides
- Probate and administration rules: Washington’s probate statutes and related case law allow reasonable and necessary expenses of administration to be paid from the estate and ultimately apportioned among beneficiaries. See Washington’s probate statutes: RCW Title 11 (Probate).
- Partition and equitable relief: If the property is owned as tenants in common (or heirs each own a share) and you cannot agree, you can ask a court for partition or other equitable relief; the court can order allocation of costs and adjustments among co‑owners. See Washington partition statutes: RCW Chapter 7.60 (Partition).
- Contract or unjust enrichment claims: If you have a signed agreement to share costs but the other party refuses to pay, you may enforce that agreement in court. If no written agreement exists, you may still have a claim under equitable principles (unjust enrichment) if the appraisal clearly benefited the other party.
Practical examples (hypotheticals)
Example A — Probate with a personal representative:
Mary is the personal representative and hires an appraiser to value real property in the estate. The appraisal cost is listed as an administration expense. The estate pays the bill, and the appraised value helps set distributions or a buyout price. Other heirs cannot refuse to share that reasonable expense because it is part of administering the estate.
Example B — One heir orders appraisal without consent:
John (an heir) orders and pays for an appraisal to support his offer to buy out siblings. He did not get written agreement to share costs. If the siblings later refuse to buy him out or pay for the appraisal, John may try to recover costs by filing a claim in court, but recovery is less certain unless he can show the appraisal was necessary and benefited the estate or that the siblings were unjustly enriched.
Steps to improve your chance of reimbursement
- Get agreement in writing before ordering an appraisal. State who will pay, how costs will be split, and whether the appraisal cost will be credited against any buyout amount.
- If the estate is in probate, ask the personal representative to authorize the appraisal as an estate expense and have the estate pay the appraiser directly.
- Keep receipts, an invoice that identifies the appraisal purpose, and written communications showing the appraisal benefitted the estate or buyout negotiations.
- If the other heirs refuse to cooperate, send a formal demand letter stating facts, the amount you paid, and a deadline for reimbursement. Keep a copy.
- If demand fails, consider filing a small claims action (if the amount fits small claims limits) or seeking relief in superior court — either enforcing a written agreement, asserting unjust enrichment, or asking for allocation of costs in a partition or probate accounting.
How a court might decide
Court decisions turn on fairness and the specific facts: Was the appraisal reasonable in cost? Was it necessary to value the property for distribution or sale? Did all heirs benefit? Did the heir who paid act in good faith and give notice? Courts can order repayment, charge the estate, apportion the cost among heirs, or deny reimbursement.
Where to look in Washington law
Start with Washington’s probate statutes and partition statutes for the legal framework:
- Probate and administration — RCW Title 11: https://apps.leg.wa.gov/rcw/title11/
- Partition of property — RCW Chapter 7.60: https://apps.leg.wa.gov/rcw/default.aspx?cite=7.60
When to get a lawyer
Consider consulting a Washington probate or real‑property attorney when:
- The appraisal cost is substantial and a co‑heir refuses to reimburse.
- Heirs disagree about how to value or distribute property and negotiations stall.
- There is a personal representative who is not performing duties or is making disputed decisions about estate expenses.
- You want to file a partition action or a claim to enforce a written agreement.
Final practical note
Written agreements and early communication are the most effective ways to avoid disputes. If everyone documents expectations about appraisal costs and buyout mechanics, you can often resolve matters without court involvement.
Disclaimer: This article explains general Washington law concepts and does not provide legal advice. It is not a substitute for consultation with a licensed Washington attorney about your specific facts.
Helpful Hints
- Before paying for an appraisal, get a short written agreement (email OK) stating who pays, whether costs are refundable, and how the appraisal will be used for the buyout.
- If the estate is open in probate, ask the personal representative to approve and pay for the appraisal as an estate expense.
- Save invoices and written proof the appraisal was for estate valuation or a buyout — this helps support reimbursement or a court claim.
- Consider splitting appraisal cost up front and sharing the report. Jointly commissioned appraisals are less likely to cause disputes.
- If negotiation fails, consider mediation before filing suit — it’s often faster and cheaper than court.
- If you expect to sue to recover costs, act reasonably and document your attempts to resolve the dispute — courts look at conduct when awarding equitable relief or costs.