When Is Probate Required in Washington State?

When Is Probate Required in Washington State?

What Is Probate?

Probate is the legal process that confirms who has the authority to act on behalf of a deceased person’s estate. It allows the personal representative, also called the executor, to pay debts, manage assets, and transfer property to heirs or beneficiaries.

In Washington State, probate is handled through the Superior Court and varies in complexity depending on how the estate is structured. Some cases move through quickly under nonintervention authority with minimal court oversight, while others require ongoing supervision.

At The Corwin Group, we help clients and their attorneys prepare estate properties for sale once the personal representative has the authority to act under Washington’s probate guidelines.

When Is Probate Required?

Probate isn’t always required in Washington, but it becomes necessary when:

• The deceased owned real property solely in their name

• The estate includes personal property valued at $100,000 or more

• Title or ownership must be verified before a sale or transfer

• Creditors, heirs, or financial institutions require formal documentation of authority

If an estate meets these conditions, the personal representative must be appointed by the court through Letters Testamentary (when there’s a will) or Letters of Administration (when there isn’t). These documents provide the legal authority to act on behalf of the estate.

When Probate May Not Be Necessary

Some property transfers can occur without probate, including:

• Homes or accounts held in joint tenancy with right of survivorship

• Property owned through a community property agreement

• Assets held in a revocable or living trust

• Accounts or policies with designated beneficiaries, such as payable-on-death accounts or life insurance

Even when probate isn’t required, there are still legal and title steps to verify who can sell or transfer property. Our role is to help clients confirm these details early and ensure all documents are in order before the listing process begins.

What Surviving Spouses Should Know in Washington State

If you’re the surviving spouse of someone who owned property in Washington, you may not always need to open a probate case. Washington is a community property state, which means most assets acquired during marriage are jointly owned by both spouses. In many cases, your spouse’s interest in community property will pass directly to you.

However, additional steps are often needed to update title records and confirm ownership. If the home was held in joint tenancy with right of survivorship, ownership passes automatically, but the county auditor will still need documentation to record the transfer. If the property was owned separately by your spouse, probate may still be required to establish your authority to sell or transfer it.

Under RCW 11.28.120, the surviving spouse has priority to be appointed as the personal representative if probate is necessary. In these situations, we help surviving spouses confirm ownership status, gather documentation for title and escrow, and prepare the property for market when the time is right.

How Probate Affects the Sale of Real Estate

Probate ensures the person selling the home has the legal authority to do so and that proceeds are distributed correctly. Before listing, the title company will verify authority and may request copies of the Letters Testamentary or other supporting documentation.

By confirming this information early, you can avoid delays later in the process.

Need Help Getting Started?

If you’re unsure whether probate applies to your property, The Corwin Group can help you navigate the next steps and connect you with trusted local estate attorneys.

Request an Estate Evaluation or Schedule a Consultation to discuss your situation with confidence and clarity.

**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.