‹ Back

Essential Probate Real Estate Forms in Washington State

 

When selling real estate in Washington State as part of the probate process, several forms and documents are required or highly recommended to protect the selling party and ensure compliance with legal requirements.

Here are some of the key forms and documents typically involved:

 

1. Letters Testamentary or Letters of Administration

These documents are issued by the probate court, authorizing the personal representative (executor or administrator) to act on behalf of the estate. They are essential for proving the representative’s authority to sell the property.

 

2. Notice of Sale of Real Property (RCW 11.56.100)

This notice must be provided to all interested parties (beneficiaries and heirs) and sometimes published in a local newspaper, informing them of the intended sale of the property. This ensures transparency and gives interested parties the opportunity to object if necessary.

 

3. Purchase and Sale Agreement (PSA) 

While not unique to probate sales, this standard form should be used for any real estate transaction. It outlines the terms and conditions of the sale, including the purchase price, closing date, and any contingencies.

 

4. Probate Addendum

This addendum should be attached to the Purchase and Sale Agreement. It includes specific provisions related to probate sales, such as the requirement for court approval and extended closing dates to accommodate the probate process.

 

5. Court Confirmation of Sale

Depending on the specifics of the probate case, court confirmation may be required to finalize the sale. This involves filing a petition with the probate court and obtaining a court order approving the sale.

      

6. Disclosure Forms

Although probate sales often involve an “as-is” transaction, the seller may still provide the required disclosure forms, such as the Seller Disclosure Statement (Form 17). This form provides information about the property’s condition and any known defects, protecting the seller from future liability. Discuss this further with your real estate broker and probate attorney.

 

7. Deed

The appropriate deed (typically a Personal Representative’s Deed) must be prepared to transfer ownership from the estate to the buyer. This document is executed by the personal representative and recorded with the county recorder’s office.

 

Consulting with a probate attorney or a real estate professional experienced in probate sales is highly recommended to ensure all required forms are included in the transaction, completed correctly, and that all legal requirements are met. This can help protect the selling party and facilitate a smooth transaction.

 

Disclaimer:  I am not an attorney and cannot provide legal advice. This article is for informational purposes only and does not constitute legal advice. If you need legal advice, you should contact an attorney. We can also direct you to a reputable estate planning attorney should you need.