Washington · ProbateWashington personal representative selling a house: nonintervention powers or court confirmation

In Washington the answer depends on whether the personal representative has nonintervention powers. A personal representative with nonintervention powers may mortgage, lease, sell, exchange and convey the decedent's real property, and may exercise those powers without an order of the court and without notice to, approval by, confirmation by or intervention of any court (RCW 11.68.090(1)(c), (h)). Without them, no sale of estate property may be made except under a court order, unless otherwise provided by law (RCW 11.56.010). The order describes the property, the terms and whether it is sold at public or private sale or by negotiation (RCW 11.56.050). A public sale is advertised in a legal newspaper once a week for three successive weeks and goes to the highest and best bidder (RCW 11.56.060). A private or negotiated sale can't be confirmed unless the gross price is at least 90% of an appraisal made within the year before the sale (RCW 11.56.090). The personal representative files a verified return of the sale within ten days; for a sale by negotiation it also publishes one notice with the legal description, the price and a confirmation date at least ten days later. The court may then confirm the sale and direct the deed – or, if it finds the proceedings unfair, the price disproportionate to the value or, for a private or negotiated sale, below 90% of the appraisal, and that a bid at least 10% higher, net of the cost of a new sale, can be obtained, refuse confirmation and order a resale (RCW 11.56.100).