Washington probate real estate guide

Start with authority and title

Before marketing or transferring estate real property, confirm who has authority to act and how title is held. A probate attorney and title company should define the documents required for the specific estate.

A so-called lack-of-probate affidavit is not a universal shortcut. Acceptance and insurability depend on the facts, the title company, and legal review.

Small-estate rules are about personal property

RCW 11.62.010 provides an affidavit process after 40 days when the qualifying probate estate does not exceed $100,000. The statute addresses personal property; it does not create a general procedure for transferring real estate.

Washington's 2026 probate changes

Changes effective June 11, 2026 expanded sworn application and reporting requirements, adjusted who has priority to administer an estate, and generally allow priority holders 90 days after death to petition before the court may appoint another suitable person.

The law is detailed and fact-specific. Personal Representatives should use current forms and obtain legal advice rather than relying on older checklists.

Estate tax is separate from inheritance tax

Washington's inheritance and gift taxes were repealed in 1981. Washington does maintain an estate tax. For deaths in 2026, the Department of Revenue instructions list a $3.076 million applicable exclusion amount, subject to the complete rules and calculations.

Move the property work in parallel

While counsel confirms authority and title, the broker can help secure the property, assess current condition, gather vendor options, model sale paths, and prepare a marketing timeline that does not outrun the estate's authority.