Disclaimer: I am not a lawyer and this is not legal advice. This article explains Washington law to help you understand options and next steps. For decisions that affect your rights, consult a licensed Washington attorney.
Detailed Answer — Can heirs keep a house instead of selling it under Washington law?
Short answer: Yes, heirs often can keep a house instead of selling it, but whether they succeed depends on how title is held, whether the estate is in probate, the agreement among co-owners, and practical finance issues. If co-owners cannot agree, any co-owner can force a court-ordered sale through a partition action in Washington. See RCW 7.60.010 for who may bring a partition action.
Key legal principles to check first
- How title is owned right now. If the decedent held title as a joint tenant with right of survivorship, the house passes automatically to the surviving joint tenant(s) and bypasses probate. If the decedent held title as a tenant in common, the decedent’s share becomes part of the estate and goes to heirs or devisees.
- Whether there is a will and whether the estate is in probate. Property that is owned by the decedent alone will usually pass through probate to whoever the will names (or by intestacy rules if there is no will). Washington probate and intestate succession rules are in Title 11 of the Revised Code of Washington; see generally RCW Title 11 and intestate succession at RCW 11.04.
- Creditor claims and estate debts. The personal representative may need to sell estate assets to pay debts, depending on the estate’s liquidity and the priorities under the probate code.
Practical routes to keep the house
Here are common ways heirs keep a shared house instead of selling it:
- Agree on a buyout. One or more heirs buy the other heirs’ shares. Steps: get a current appraisal, agree on value and payment terms, and transfer title. A buyer may refinance or take a mortgage to raise funds. An agreed buyout avoids court involvement.
- Co-ownership with a written agreement. Heirs can remain co-owners and sign a written agreement about use, expenses, maintenance, rent, and what happens if someone wants out later. A written, signed agreement reduces future disputes.
- Refinance the property. If heirs want to keep the house and one heir is willing to assume full ownership, that person can refinance in their name and use proceeds to buy out others.
- Partition in kind (rare) or co-ownership management. In rare situations where the land can be physically divided, the court may order partition in kind. More commonly, heirs agree to rent the house or otherwise share benefits while preserving ownership.
- Mediation or family agreements. Use mediation to reach a binding settlement that avoids litigation. Mediated agreements can allocate ownership, buyout terms, or sale timing.
When an heir cannot be bought out or co-owners disagree
If co-owners cannot reach an agreement, Washington law allows any co-owner to file a partition action. The partition statute is at RCW 7.60.010. In a partition action a court will:
- Try to divide the property physically (partition in kind) if practical;
- If physical division is impractical, order sale of the property and divide proceeds according to ownership shares;
- Award costs, attorney fees, and adjust shares if one party’s conduct or improvements justify it.
Hypothetical example (illustrates common outcome)
Three siblings inherit their parent’s house as tenants in common. One sibling wants to live in the house; the other two want cash. Options: (1) the sibling who wants the house refinances and buys out the other two after an appraisal; (2) the siblings agree to rent and share income for a set period; (3) if they cannot agree, any sibling can sue for partition and the court will likely order a sale if partition in kind is impractical.
Other legal and practical considerations
- Taxes: A buyout or later sale may have capital gains consequences. Basis depends on how the property was valued at death. Check with a tax professional.
- Homestead and exemptions: Certain protections and exemptions may affect whether house equity must be used to pay debts. See Washington’s homestead statute at RCW 6.13.030.
- Probate administration: If the house is part of the probate estate, the personal representative has duties to pay debts and distribute assets under RCW Title 11.
- Valuation: Get a professional appraisal to set a fair buyout price or to determine values for any agreement or court proceeding.
Helpful Hints
- Confirm how title is held today (deed search at county records). If title has survivorship language, heirs’ options differ.
- Ask for a professional appraisal early. Accurate value makes negotiations and buyouts fairer.
- Consider mediation before filing court actions. Mediation saves time and money and lets families craft flexible solutions.
- If you plan to buy out others, explore mortgage and refinancing options first so you know what you can afford.
- Put any agreement in writing. A signed buyout or co-ownership agreement prevents future disputes.
- Talk to a Washington probate or real estate attorney if there are estate debts, disputes, or complex title issues—especially before taking steps that affect ownership rights.
- Keep records of payments, repairs, and expenses if you are co-owning; these records matter in court or during buyouts.
For statutory details on partition actions, see RCW 7.60.010. For probate and intestacy rules, see RCW Title 11 and RCW 11.04. For homestead exemptions, see RCW 6.13.030.
If you want, provide brief facts about your situation (how title is held, whether there’s a will, how many heirs, who wants the house) and I can explain the likely next steps under Washington law and what documents you will need to discuss with an attorney.