Selling an Estate House When Heirs Disagree or Live Out of State

Washington appoints a personal representative. A will may call that person an executor. Letters testamentary or letters of administration are the appointment the closing agent asks to see. If the court also granted nonintervention powers, RCW 11.68.090 lets the personal representative sell the decedent’s real property without a further court order and without the confirmation steps in chapter 11.56 RCW. The sale is still subject to the will. A discretionary power has to be used in good faith, with honest judgment, and in line with the will and the interests of the beneficiaries.

A family vote is not what that statute requires, unless the will or a court order says consent is required. One heir’s objection does not, by itself, rewrite the letters. One heir’s enthusiasm does not, by itself, create letters. If nonintervention powers were never granted, the sale may have to follow chapter 11.56 RCW even when everyone agrees. Agreement and authority are separate. The step-by-step guide for executors explains how the powers are granted under RCW 11.68.011.

Chapter 11.96A RCW is the Washington Trust and Estate Dispute Resolution Act, often called TEDRA. It is the procedure chapter for estate and trust disputes. RCW 11.68.070 lets a party, as that word is defined for these cases, petition the court under TEDRA for a determination that the personal representative breached a fiduciary duty, exceeded the representative’s authority, abused the representative’s discretion, otherwise failed to execute the trust faithfully, violated a statute or common law affecting the estate, or is subject to removal for a reason in RCW 11.28.250. The petition has to allege facts. It has to be verified or supported by an affidavit.

If the court finds one of those grounds, it can order a remedy. The statute’s list includes directing the personal representative to take a specific action, restricting the powers, and removing the personal representative. When powers are restricted, the restriction and the date are endorsed on the order and on the letters. A buyer and a title company will ask whether that endorsement exists. Until a court enters an order, the objection is a dispute, not a new set of letters. KindKey will not predict how a judge will rule, and KindKey will not tell you to ignore a petition that has already been filed.

If a petition is pending, ask your attorney whether the personal representative may still sign. Do not accept a purchase offer and sign a deed in the middle of that question because a buyer is ready. You can request a written offer so the family can see a number. Accepting it is a different step. KindKey will send one offer to the person who asked, for the estate. KindKey will not make separate side agreements with individual heirs for the same house.

Heirs do not have to live in Washington to inherit, to receive notice, or to be heard. A personal representative can live out of state and still serve if the court appointed that person and the letters are in effect. The closing agent is the one who says how a signature is taken where that person lives. KindKey does not choose notary rules and does not require a trip back to Auburn for a signing. Someone local, a lockbox, or a scheduled visit can handle a walkthrough. A listed sale is the path that usually needs more showings. KindKey does not list the house.

Distance makes contents harder, not the deed. The guide on estate sales versus selling the house as-is covers leaving belongings when nobody can fly home to empty the rooms. Take what someone can carry or ship. Leave the rest if the buyer has agreed the contents stay. Put the offer in front of the people your attorney says should see it. A group text is a poor place to amend a will.

A relative who still lives in the house is not a problem a buyer solves by scheduling a closing. Washington law generally gives a personal representative a right to possession of estate property so the estate can be administered. A surviving spouse or domestic partner may already own a community property interest. A tenant may have a rental agreement. Ask your attorney before anyone changes the locks or tells a sibling to be out by Friday. KindKey will not take on that conversation as if it were a property manager.

A will can leave the house to one person and the rest of the estate to others. It can also direct that the house be sold. It can restrict nonintervention powers. Those sentences point in different directions, and only the document and your attorney can say which sentence controls. Do not assume a sale is forbidden because one heir was promised the house in a conversation, and do not assume a sale is allowed because the personal representative would rather have cash to divide. The King County and Pierce County estate guides cover where the case is filed if you are still choosing a courthouse. Call (206) 519-5463 when you want one number the attorney can review with the people who disagree.