Estate vs. Trust vs. Probate: What Each Means in Washington Real Estate
When someone passes away, families often find themselves facing new terms such as estate, trust, and probate that sound similar but mean very different things. Understanding these distinctions helps determine what steps are needed before a home can be sold and who has the authority to act.
Estate
An estate includes everything a person owns at the time of death, real property, financial accounts, investments, and personal belongings. After death, the estate must be administered to settle debts and transfer assets to heirs or beneficiaries.
If the deceased had a will, the executor follows its instructions; if not, Washington’s laws of intestate succession determine how property is distributed.
In practical terms: the estate is the “umbrella” that holds all property and obligations until they are settled.
Probate
Probate is the court-supervised process that gives a personal representative (also called an executor) legal authority to act for the estate. Probate ensures debts are paid and titles are cleared so property can transfer legally.
In Washington, probate may be required when real property is titled solely in the deceased’s name or when the estate includes assets worth more than $100,000.
Under RCW 11.48, the personal representative has defined powers and duties, and RCW 11.76 outlines how debts and distributions are handled.
Trust
A trust is a legal arrangement created during a person’s lifetime (or sometimes through a will) to hold property for beneficiaries.
When property is titled in a trust, it generally avoids probate, because ownership is already vested in the trust rather than the individual. The successor trustee can sell or distribute the property according to the trust’s terms.
Trusts are often used to simplify the transfer of assets, protect privacy, and minimize delays, but they must be properly funded before death to achieve those benefits.
What They Mean in a Real Estate Context
Understanding how estates, trusts, and probate function is one part of the process but knowing what each means for the sale of real property is what truly matters. In real estate, these terms define who has authority, what documentation is needed, and how the transaction must be handled.
Estate Sale
An estate sale occurs when real property is sold on behalf of someone who has passed away. The sale is typically managed by a personal representative (or executor) appointed through the court.
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If probate is open, the personal representative must provide Letters Testamentary or Letters of Administration showing their authority to sell.
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If the estate has nonintervention authority, the representative can list and sell the home without direct court approval.
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If the court is involved, the attorney or judge may need to approve the sale before closing.
💡 In short: an estate sale means the seller is the estate itself, acting through a court-authorized personal representative.
Trust Sale
A trust sale happens when a property is held in a revocable or living trust, so it doesn’t pass through probate. Instead, the successor trustee manages the sale and distributes proceeds to beneficiaries based on the trust’s terms.
The trustee signs all documents on behalf of the trust, and title and escrow will typically require a Certification of Trust to verify authority.
💡 In short: a trust sale skips probate and is typically the fastest and smoothest type of estate-related sale.
Probate Sale
A probate sale occurs when court approval is required before a property can be sold. This happens when:
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The estate is under court intervention, or
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There’s no will or dispute over who has authority, or
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The court needs to approve the sale terms for transparency.
While formal “court-confirmed” probate sales are less common in Washington than in states like California, the process still exists when judicial oversight is necessary.
💡 In short: a probate sale means the transaction must be approved or confirmed by the court before it can close.
Why These Differences Matter
Each type of sale affects:
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Timeline: Trust sales move fastest; probate sales take longest.
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Documentation: Each requires different verification for title and escrow.
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Process: Estates and trusts can often sell conventionally once authority is confirmed; probate sales may involve legal contingencies or waiting periods.
At The Corwin Group, we help executors, trustees, and families confirm which type of sale applies, coordinate with attorneys and title companies, and ensure every transaction is compliant, efficient, and handled with care.
Need Guidance?
If you’re unsure whether your situation involves an estate, a trust, or probate, I’m here to help.
Contact Erin Corwin, Broker | The Corwin Group, to schedule a confidential consultation or request a complimentary Estate Evaluation.
📞 (206) 650-7390 | ✉️ [email protected] | 🌐 theCorwinGroup.com
The Corwin Group | Seattle, Washington
Real Estate, Refined by 25 Years of Experience
**Disclaimer - This information is deemed reliable but not guaranteed. Laws can change, and individual circumstances vary. Always consult a qualified attorney to confirm the requirements for your specific situation.
