How an executor (personal representative) sells real property in Washington to pay estate debts

Quick overview: If you are the estate’s personal representative in Washington, selling real property to pay debts requires following probate rules: get authority to act (letters), determine whether the will or statute gives you a power to sell without court approval, preserve estate assets, give required notices, obtain an appraisal or fair market valuation, and either sell under your independent authority or petition the court for an order confirming the sale. After sale, you must account for receipts and pay creditors before distributing remaining funds.

Detailed answer — step‑by‑step guide under Washington law

Note: In Washington the official term for an “executor” is “personal representative.” The governing statutes are in Title 11 of the Revised Code of Washington (Probate and Trust Law): https://app.leg.wa.gov/RCW/title11/.

1. Confirm your authority to act (receive letters)

   Before you can legally sell estate property, you must be appointed and issued letters by the court (letters testamentary or letters of administration). These documents show third parties (buyers, brokers, title companies) that you are authorized to act for the estate. See RCW Title 11: https://app.leg.wa.gov/RCW/title11/.

2. Check the will and determine whether you have a power of sale

   Read the will carefully. Some wills grant the personal representative explicit power to sell real property without further court approval (a power of sale). If the will includes such a clause, you typically may sell under that authority (subject to statutory notice and fiduciary duties). If the will does not grant power of sale, or if there is no will, you will likely need court approval (a petition and order) to sell real property for creditors. Consult the probate statutes and local court rules for form and procedure: https://app.leg.wa.gov/RCW/title11/.

3. Decide whether administration is independent or supervised

   Washington allows both independent and supervised administrations. Independent administration generally gives the personal representative broader discretion to handle estate assets (including sales) without prior court approval, subject to post‑sale accounting and notices. Supervised administration requires more court involvement and pre‑sale approval. Whether your estate is independent vs. supervised affects the exact process and timelines. See the court’s probate forms and guidance for administration options: https://www.courts.wa.gov/forms/collection?fa=forms.collection&group=Probate%20and%20Estate%20Planning.

4. Inventory and value the property

   Obtain a current market valuation or appraisal. Make an inventory of estate assets and list encumbrances (mortgages, liens). Appraisals protect you as fiduciary and are often required when selling estate real property, when creditors are paid, or when beneficiaries ask for accounting.

5. Identify and prioritize debts and liens

   Determine secured debts (mortgages, tax liens) and unsecured debts (creditor claims). Secured debts must generally be paid from sale proceeds before distributions to heirs. You must follow Washington’s notice to creditors and claims process so you know what liabilities exist; see RCW Title 11 for claim procedures: https://app.leg.wa.gov/RCW/title11/.

6. Provide required notices and publish if necessary

   Washington requires certain notices in probate (for example, notices to beneficiaries and, in some cases, publication of notice to creditors). If you are selling under court supervision, the court may require notice to interested parties and to the public before sale. If you sell under independent administration, you still must meet statutory notice and fiduciary duties. See probate rules and forms: https://www.courts.wa.gov/forms/collection?fa=forms.collection&group=Probate%20and%20Estate%20Planning.

7. If required, petition the court for authority to sell real property

   If the will does not supply a power of sale or the estate is supervised, file a petition (motion) asking the probate court for an order authorizing sale. The petition should include facts supporting the need to sell to pay creditors, a description of the property, the proposed terms of sale, and any appraisal. The court will set a hearing and may require notice to heirs and creditors. The court’s order will authorize the sale and specify any conditions (e.g., minimum price, confirmation requirement).

8. Market the property and negotiate a sale

   Use a real estate broker or list the property directly. As fiduciary you must seek a sale price reasonably calculated to benefit the estate. Disclose your status as personal representative to buyers. If the sale requires court confirmation, buyers will usually submit backup deposits and be notified the sale is subject to court approval or overbidding procedures.

9. Complete the sale and handle closing

   Work with a title company or closing attorney experienced in probate sales. Ensure that the buyer’s funds are paid into the estate account or as directed by the court order. Pay off mortgages and liens from sale proceeds or arrange for them to be paid at closing. If the sale needed court confirmation, obtain the confirmation order before disbursing proceeds.

10. Account for proceeds, pay valid claims, taxes, and distribute remaining funds

    Prepare a full accounting showing income, sale proceeds, payments to creditors, taxes, fees, and any distributions to beneficiaries. Pay creditor claims in the order required by law (secured creditors first). State estate tax or filing requirements may apply; see Washington Department of Revenue for estate and transfer tax guidance: https://dor.wa.gov/taxes-rates/other-taxes/estate-tax.

11. File final reports and obtain court discharge (if supervised)

    If the estate is supervised, file required petitions for distribution and final account, get court approval, and obtain a discharge or release from liability before closing out the estate. Even in independent administrations, a final accounting and agreement from beneficiaries may be required to avoid later disputes.

Common pitfalls to avoid

• Selling before you have formal letters — buyers and title companies will refuse to close without them.
• Failing to check for statutory or will‑granted power of sale and proceeding without needed court authorization.
• Ignoring notice requirements to creditors and interested persons — that can lead to liability for the personal representative.
• Mixing estate funds and personal funds — always use an estate account for sale proceeds and payments.

Where to find Washington statutes and forms

• Revised Code of Washington, Title 11 (Probate and Trust Law): https://app.leg.wa.gov/RCW/title11/
• Washington Courts — Probate and Estate Planning forms: https://www.courts.wa.gov/forms/collection?fa=forms.collection&group=Probate%20and%20Estate%20Planning
• Washington Department of Revenue — Estate tax information: https://dor.wa.gov/taxes-rates/other-taxes/estate-tax

Short checklist for an executor selling real property in Washington

1. Obtain appointment and letters from probate court.
2. Confirm authority to sell (will clause or court order).
3. Decide independent vs. supervised administration and follow applicable procedures.
4. Get appraisal, clear title issues, and identify liens.
5. Give required notices (beneficiaries, creditors, publication if required).
6. If necessary, petition the court and obtain an order to sell.
7. Market the property, accept an offer, and close with a title/escrow company.
8. Pay creditors, taxes, fees; account to beneficiaries; close the estate.

Helpful Hints

• Hire professionals early: probate attorney, appraiser, and a realtor familiar with probate sales.
• Keep detailed records of all communications, listings, offers, and transactions.
• Open a separate estate bank account for proceeds and payments — do not use personal accounts.
• Plan for taxes — Washington has an estate tax; confirm filing thresholds with the Department of Revenue (link above).
• If beneficiaries object, consider mediation before costly court fights.
• Work with a title company experienced in probate closings to ensure liens are cleared and the deed is properly conveyed.
• Ask the court clerk or read local probate rules for exact filing forms and timelines — counties may have local practices.

Disclaimer: I am not a lawyer and this is not legal advice. This article summarizes general Washington probate practices and points you to statutes and official forms. For advice tailored to your situation, consult a licensed Washington probate attorney.