What You'll Learn:
- • How Washington probate works and timeline expectations
- • Tax implications and capital gains considerations
- • Your four main options: Keep, Rent, Sell, or Disclaim
- • What to do if the property needs repairs or has a mortgage
- • How to handle multiple heirs and family disagreements
Step 1: Understand the Washington Probate Process
Before making any decisions about the inherited property, you need to understand whether it must go through probate and how long that process takes in Washington State.
Does the Property Need to Go Through Probate?
Not all inherited properties require formal probate. Here's when probate is and isn't necessary:
Probate NOT Required If:
- • Property was held in a living trust
- • Title was held as "Joint Tenants with Rights of Survivorship"
- • Property had a Transfer on Death (TOD) deed
- • Estate value is under $100,000 and meets small estate criteria
Probate Required If:
- • Property was solely in deceased's name
- • Title was held as "Tenants in Common"
- • Estate value exceeds $100,000
- • No estate planning documents exist
Washington Probate Timeline
Understanding the timeline helps you plan your next steps:
Month 1-2: Petition Filing
File probate petition with county superior court. Court appoints Personal Representative (executor).
Month 2-4: Creditor Notice Period
Required 4-month period for creditors to file claims. Cannot distribute assets during this time.
Month 4-6: Asset Inventory & Appraisal
Property appraisal completed. Estate assets inventoried and valued for tax purposes.
Month 6-9: Debt Payment & Tax Filing
Pay outstanding debts, file final income tax returns, file estate tax if applicable.
Month 9-12: Distribution & Closing
Assets distributed to heirs. Final accounting submitted. Probate officially closed.
Important: You typically cannot sell, rent, or make major decisions about the property until probate is complete or you receive court authorization. However, you can (and should) maintain the property during this period.
Step 2: Understand Tax Implications
One of the most common questions we hear from heirs is: "How much will I owe in taxes?" The good news is that inherited property receives favorable tax treatment in Washington.
The "Step-Up in Basis" Advantage
When you inherit property, the IRS gives you a major tax advantage called a "step-up in basis." This means the property's tax basis is adjusted to its fair market value on the date of death, not what the deceased originally paid for it.
Step-Up in Basis Example:
If you sell soon after inheriting for approximately the stepped-up value, you typically owe no capital gains tax.
Washington State Taxes
No Washington Taxes:
- ✅ No state income tax
- ✅ No state inheritance tax
- ✅ No capital gains tax on inherited property sales (as of 2025)
You May Owe:
- ⚠️ Federal estate tax (only if estate exceeds $13.61M in 2024)
- ⚠️ Federal capital gains if property appreciates after inheritance
- ⚠️ Property taxes (ongoing)
Tax Advice Disclaimer: Tax rules are complex and change frequently. Always consult with a qualified CPA or tax attorney regarding your specific situation before making decisions.