Washington: Personal Representative Deed Requirements

Requirements one by one

Choose the authority track before contracting to sell

RCW 11.56.010 starts with court supervision: an estate sale may not be made
without a court order unless another law supplies an exception. Two important
exceptions do. Under § 11.56.250, an executor whose will directs or authorizes
sale may proceed without an order, notice, application, or confirmation. Under
§§ 11.68.085 and 11.68.090, a representative who has obtained nonintervention
powers may sell and convey without court supervision and need not follow
Chapter 11.56.

Nonintervention power is granted, not assumed from ordinary letters. Section
11.68.011 requires a petition and a solvent estate, then applies different
eligibility and best-interest findings depending on who is serving. The 2026
amendment also bars most representatives appointed under the 90-day catch-all
in RCW 11.28.120(3) from receiving nonintervention powers.

A supervised sale begins with purpose and terms

For the Chapter 11.56 route, § 11.56.030 permits sale to raise money for debts,
administration expenses, estate taxes, family support, distribution, or
another purpose the court finds proper. The representative's petition supplies
the property description and character, estate obligations, and information
bearing on necessity. RCW §§ 11.56.050 then requires the order to identify the
property and choose public, private, or negotiated sale and its terms.

The petition hearing does not carry a universal notice requirement. The court
may order notice and set its form and timing, while the special-notice and
representative-purchase exceptions identified in § 11.56.030 remain available.

The sale method determines publication and bidding

A public sale requires publication once each week for three successive weeks
and sale to the highest and best bidder under § 11.56.060. A private sale
generally requires two weekly publications, written offers, and at least 15
days from first publication before sale under § 11.56.080. A negotiated sale
instead receives a one-issue notice after sale and before confirmation under
§ 11.56.100.

For a private or negotiated sale, RCW §§ 11.56.090 ordinarily requires at least 90%
of an appraisal made within the preceding year. Before confirmation,
§ 11.56.110 permits a new bid at least 10% above the reported bid with a 20%
deposit; the first bidder then has five days excluding holidays to file a
better bid.

Confirmation precedes the supervised-sale deed

Section 11.56.100 requires a verified return within 10 days after the sale and
a separate 10-day waiting period measured from publication for a negotiated
sale or from filing for a public or private sale. The court may reject a sale
that was unfair, brought a disproportionate price, missed the appraisal floor,
or likely can be improved enough to justify resale.

After confirmation, § 11.56.120 directs the representative to execute and
deliver the conveyance. The deed transfers the decedent's death-time estate and
any interest later acquired by the estate.

What trips people up

Immediate heir or devisee title does not eliminate administration. RCW
11.04.250 makes that title subject to debts and estate charges and recognizes
the later-appointed representative and people lawfully claiming under the
representative. Section 11.48.020 separately gives a qualified representative
immediate possession of estate realty until settlement or court-ordered
delivery.

Purchaser protection depends on the route. RCW §§ 11.56.115 makes supervised
confirmation conclusive as to procedural regularity and limits attack on the
post-confirmation deed to fraud. Section 11.68.140 instead gives a party dealing
with a nonintervention representative a conclusive presumption that the
transaction was necessary for administration. Neither rule promises that an
existing recorded lien or a will restriction disappears.

Common questions

Does every Washington probate sale require publication?

No. Chapter 11.56 specifies publication for supervised public, private, and
negotiated sales, but § 11.56.250 removes notice for a will-authorized sale and
§ 11.68.090 removes Chapter 11.56 procedure for a representative with
nonintervention powers.

Can an intestate administrator receive nonintervention powers?

Yes, if the representative is eligible and the court makes the findings in
§ 11.68.011. In most cases, § 11.68.041 requires at least 10 days' mailed or
personal notice of that petition unless an exception, waiver, or consent
applies.

Must the confirmation order be recorded with every supervised-sale deed?

The surveyed Chapter 11.56 provisions direct confirmation and the later deed,
but do not state a universal requirement to record the confirmation order with
the conveyance. RCW 65.08.070 allows the acknowledged deed to be recorded with
the county recording officer where the property lies.

Does confirmation cure fraud?

No. Section 11.56.115 makes confirmation conclusive as to regularity but
expressly preserves attack on the conveyance for fraud.

Statutes and sources

• Wash. Rev. Code §§ 11.04.250 and 11.48.020 — heir or devisee title and the
  representative's possession of estate realty: Washington State
  Legislature
  (accessed 2026-08-12).
• Wash. Rev. Code §§ 11.56.010, .030, .050, .060, .080-.120, and .250 —
  supervised sale, notice, appraisal, bids, confirmation, deed, title effect,
  and will-power exception: Washington State
  Legislature
  (accessed 2026-08-12).
• Wash. Rev. Code §§ 11.68.011, .041, .050, .085, .090, and .140 — grant,
  notice, objection, powers, restrictions, and transaction necessity under
  nonintervention administration: Washington State
  Legislature
  (accessed 2026-08-12).
• Wash. Rev. Code § 65.08.070 — county recording and first-recorded good-faith
  purchaser priority: Washington State
  Legislature
  (accessed 2026-08-12).