Detailed Answer
When a decedent owned real property in Washington solely in their name, you must include it in the probate estate so the personal representative can sell it to pay valid claims. Below are the steps:
- File a Petition for Probate: The personal representative must file a probate petition in the superior court of the county where the decedent lived. See RCW 11.12.020.
- Appoint and Qualify the Personal Representative: The court appoints an executor or administrator. They must take an oath and post a bond if required. See RCW 11.28.010.
- Provide Notice to Creditors: Publish notice in a local newspaper and mail notice to known creditors within four months of first publication. See RCW 11.40.011.
- Inventory and Appraise Estate Assets: File an inventory listing all assets, including real property, within three months after appointment. Obtain a qualified appraisal to determine fair market value. See RCW 11.76.040.
- Request Homestead or Allowances: Surviving spouse or minors may claim a homestead allowance or family allowance before property sale. See RCW 11.16.090.
- Petition for Authority to Sell Real Property: To pay debts, file a petition asking the court’s permission to sell estate real property. Provide sale terms, proof of appraisal, and notice to interested parties. See RCW 11.42.060.
- Sell the Property: The court may appoint commissioners or authorize a direct sale. Follow court orders, advertising requirements, and confirm the sale. See RCW 11.42.070.
- Apply Proceeds to Claims: Use sale proceeds to pay creditors in priority order, reimburse expenses, and distribute any balance to heirs or beneficiaries under the will or intestacy rules.
Helpful Hints
- Keep strict records of notices and deadlines for creditor claims.
- Hire a licensed appraiser to establish fair market value.
- Verify whether the property passes outside probate (e.g., joint tenancy or trust).
- Consider exemptions and allowances before selling property.
- Consult a probate attorney for complex estates or disputes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice on your specific situation, consult a licensed attorney.