Inheriting a House in Washington: Probate, Taxes, and Selling

You inherited a house in Washington - here’s what actually happens

Take a breath first. Nothing about the house has to be decided this week. The property does not disappear, the state does not seize it, and the mortgage company generally cannot demand instant payoff just because the owner died.

What happens next depends on how the owner held title. A house in a living trust, with a recorded transfer on death deed, or held in joint tenancy or community property with right of survivorship can pass without probate. A house solely in the deceased person’s name usually goes through probate in the superior court of the county where they lived - though Washington’s version of probate is unusually light-touch.

Washington is also a community property state, which changes the tax math for surviving spouses in a helpful way. And if you live in another state, which is common with inherited Washington property, everything here can be handled remotely.

Does it go through probate?

Not always. The common off-ramps:

• Living trust. A house held in a revocable living trust passes outside court. The successor trustee transfers or sells it directly.
• Transfer on death deed. Washington adopted the Uniform Real Property Transfer on Death Act (RCW 64.80). If the owner recorded a valid TOD deed before death, the named beneficiary takes the house without probate.
• Community property with right of survivorship, or joint tenancy. A surviving spouse or co-owner takes title automatically, typically by recording a death certificate and affidavit.
• Community property agreement. Many Washington married couples sign one of these. It can vest everything in the surviving spouse at death without probate at all - a Washington specialty.
• Small estate affidavit. For estates of personal property worth $100,000 or less, successors can collect assets by affidavit 40 days after death. This does not transfer real estate, so it rarely resolves a house on its own.

If none of those apply, a solely owned house generally goes through probate.

The Washington probate timeline

Washington probate is efficient compared with most states, largely because of “nonintervention” powers:

1. Filing (weeks 1-4). Someone petitions to be appointed personal representative. With a will, the court usually grants nonintervention powers, meaning the representative can administer the estate with little further court involvement.
2. Letters issued (month 1-2). The representative receives “letters testamentary” or “letters of administration” - the document banks, title companies, and buyers ask for.
3. Creditor period (months 1-5). Publishing a notice to creditors starts a four-month claim window. Skipping publication leaves a longer tail of potential claims, so most representatives publish.
4. Administration and closing (months 4-12). Debts, taxes, and upkeep get handled, the house can be sold, and the estate closes with a declaration of completion.

A straightforward nonintervention estate commonly wraps up in six to twelve months. Contested matters or those needing court supervision take longer.

Taxes when you inherit

The most useful fact for most heirs: Washington has no state inheritance tax. You do not owe Washington a tax simply for inheriting.

Washington does, however, have a state estate tax - and it is one of the few states that still imposes one. The exemption sits around $3 million for 2026 (the figure was raised from the long-standing $2.193 million and has been the subject of recent legislative changes, so confirm the current number). Estates below the exemption owe no Washington estate tax; above it, a graduated rate applies to the excess. Most families never approach the threshold, but with Washington real estate values, an estate holding a house plus retirement accounts can get closer than expected. Federal estate tax starts far higher, at $15 million per person in 2026.

The fact that saves most people money is the stepped-up basis. When you inherit, the house’s cost basis for capital gains resets to its fair market value on the date of death. If a parent paid $70,000 for a house now worth $700,000, your basis becomes $700,000. Sell soon after near that price and there is little or no capital gains tax - decades of appreciation are never income-taxed. This is federal law and applies everywhere. Because Washington is a community property state, a surviving spouse generally gets a step-up on the entire community property home, not just half, which is a meaningful advantage when they later sell.

Can you sell during probate in Washington?

Yes, and usually with little friction.

• Nonintervention powers (the common case). Once the personal representative has letters and nonintervention authority, they can list and sell the house on the open market without a separate court order. To buyers and title companies this looks close to a normal sale.
• Court-supervised administration. If the estate is supervised (for example, where heirs dispute matters or the will withholds nonintervention powers), a sale may need court confirmation, which adds time.
• Sold outside probate. If title passed by TOD deed, survivorship, or a community property agreement, the new owners of record sell like any other sellers.

Sale proceeds during administration flow into the estate first and are distributed to heirs once debts and taxes are settled.

If you live out of state

A large share of inherited Washington homes belong to heirs elsewhere. The system handles it:

• Filings and most steps can be managed through a Washington probate attorney with minimal or no travel.
• The physical work - securing a vacant house, insurance that stays valid when it is unoccupied, winter freeze risk, clearing out belongings, and repairs - needs someone on the ground.
• A local agent experienced with estate and probate sales becomes your presence: checking the property, coordinating cleanout and contractors, advising on as-is versus fix-first, and running the sale while you stay home.

You do not need to relocate to Washington for months. You need one trustworthy local professional and a real number on the house.

What’s the house worth?

Every path - keep, rent, or sell - starts with an accurate value. Automated portal estimates are least reliable exactly where inherited homes tend to sit: original-condition houses surrounded by remodeled comps.

Get the fair market value as of the date of death documented (it fixes your stepped-up basis and feeds any estate tax return), then a current as-is number versus a fixed-up number. The spread between those tells you whether repairs pay off. A local agent can pull all of this for free.

Frequently asked questions

How long does probate take in Washington? A straightforward nonintervention estate often takes six to twelve months, with the four-month creditor period setting a practical floor. Trust assets, TOD deed property, and community property agreements skip the process entirely.

Do I pay taxes on a house I inherit in Washington? There is no Washington inheritance tax. Washington does have a state estate tax with an exemption around $3 million (2026), but it only affects larger estates. Thanks to the stepped-up basis, capital gains tax generally applies only to appreciation after the date of death.

Can I sell an inherited house before probate is finished? Usually yes. A personal representative with nonintervention powers can sell on the open market during administration, with proceeds distributed through the estate.

What happens to the mortgage? The loan stays with the house. Inheriting relatives can generally keep paying it - federal rules block the lender from calling the loan due in most family transfers - or it is paid off from the sale proceeds at closing.

What if my siblings and I disagree about selling? The personal representative controls the sale during administration, subject to fiduciary duties. Once heirs own the house jointly, any co-owner can ultimately force a sale through a partition action, though a negotiated buyout or agreed sale is almost always cheaper.