Can You Require a Specific Listing Agent in Your Washington Will?
If you own a home or condo in Whatcom County and you want a specific agent to handle the sale after you pass, you are thinking about the right problem. Families (and the settling of estates) move faster and with less stress when the plan is clear. Washington law gives the personal representative a lot of authority, and that affects how you write your wishes.
I work with property owners, personal representatives, and heirs every week. The goal here is simple: Turn a hard moment into a clean plan that preserves value and keeps family harmony.
The Short Answer
You CAN name a preferred real estate agent in your will… but it is guidance, not a command and not necessarily enforceable.
The personal representative has a legal duty to act in the best interests of the estate. That includes choosing if, when, and how to sell, and which broker to hire. Strong preference language helps. Binding language can backfire.
Action step: Plan to include preference language in your will that guides the personal representative without locking them in.
The technical / Legal Answer
Under Washington law, a personal representative manages and sells estate assets subject to fiduciary duties under RCW 11.48.010 and 11.48.020, and a court order is generally required to sell real property under RCW 11.56.010 unless the personal representative has nonintervention powers.
When nonintervention powers are granted under RCW 11.68.011 and RCW 11.68.090, the personal representative may sell, lease, or mortgage estate real property without prior court approval, while still acting in good faith for the beneficiaries; and any listing agreement is a services agreement between the seller and a licensed real estate firm as defined in RCW 18.86.020 and RCW 18.86.100.
Wording that works in Real Life
Clear and flexible language in the will keeps the settling of the estate, and the real estate sale, moving forward. A practical template looks like this. Ask your attorney to tailor it to your property and situation.
“It is my strong preference, though not a requirement, that my personal representative consider engaging [Agent Name] at [Brokerage Name] to list and sell my property located at [address], provided this serves the best interests of my estate.”
Why this helps
It respects the personal representative’s duty to the estate.
It names both the individual and the brokerage, which is how listings are actually signed in Washington.
It leaves room to negotiate timing, commission, and strategy based on market conditions when the estate is ready.
Action step: Give your attorney the exact property address and your preferred agent’s and brokerage’s names. Do not fix commission rates or marketing terms inside the will.
What the Personal Representative Actually Decides
If you are the personal representative, you control the sale decisions. That includes whether to sell as is or make repairs, which brokers to interview, when to list, and which offer to accept. The law expects you to steer based on current facts. Markets change. The estate’s cash position changes. A rigid instruction from years earlier can harm the estate if it no longer fits.
Action step: If the will names a preferred agent, start by interviewing that agent first. Also interview at least one other experienced local broker. Compare strategy, timelines, and net proceeds. Document your reasoning.
If the Will Names a Specific Agent
For owners planning ahead
Add a short letter of instruction to your estate plan. It is separate from the will and not binding, which is the point. Include the agent’s phone number, what you value most in a sale, and any property quirks the personal representative should know. Think HOA contacts, loan payoff info, tenants, or seasonal access issues.
For personal representatives or heirs
Treat the named agent as a lead to consider, not an obligation. Ask for a written plan that covers pricing, timeline, prep work, and estimated net proceeds. Confirm the listing will be with the correct brokerage and that all agency disclosures fit Washington rules. If the named agent has changed brokerages, that is fine. Your duty is to the estate, not to a specific company label.
Action step: Keep notes. If you choose a broker other than the one named, your file should show why that choice better serves the estate.
Pitfalls to avoid in the will
Requiring one named agent regardless of circumstances
Locking in commission or marketing terms
Naming only the individual and not their brokerage
Forgetting to update names after an agent changes firms or retires
Action step: Keep the will’s language high level. Put preferences in the will and put specific terms in the future listing agreement when the property is ready.
How to Make this Smooth for your Family
Name a capable personal representative who communicates well.
Store a one page sale playbook with your estate documents. Include the preferred agent’s contact info, known repairs, access codes, and any service providers you trust for cleaning, hauling, or yard work.
Give your personal representative authority to sell real property within the will or through nonintervention powers if your attorney recommends it.
Share your intentions during life. A ten minute conversation removes days of confusion later.
Action step: Ask your attorney whether nonintervention powers make sense for your estate. That often speeds up real estate decisions.
FAQ for Owners, Personal Representatives, and Heirs
Q: Can I force my estate to use my chosen agent?
A: No. You can state a strong preference. The personal representative must still choose what serves the estate’s best interests.
Q: Can I lock in the commission in my will?
A: It is not wise. Commission and terms belong in the listing agreement signed when the property is ready. Market conditions and laws around commissions change.
Q: Should I name the brokerage or just the agent?
A: If the brokerage is important to you, beyond the individual agent, then name them both. Listings in Washington are taken in the name of the brokerage with an individual broker assigned. If your preference is just the individual agent, then leave the brokerage name out of it since agents move brokerages.
Q: What if my preferred agent changes brokerages?
A: That is fine. Preference language travels. The personal representative can interview that agent and confirm the best fit at the time.
Q: What if heirs disagree about which agent to hire?
A: The personal representative decides. A clear will and a short letter of instruction reduce disputes. Good notes and quotes from more than one broker help everyone see the logic.
Your next Step
If you live in Bellingham or greater Whatcom County and want your will to point to a specific agent without tying your personal representative’s hands, I can help. We will review the property, map the likely path to market in its current condition, and give your family a clean, step by step plan. Your attorney can then drop the right language into your documents.
Start Here:
This article is general education. Your situation is unique. Confirm details with a qualified professional before you act.
Citations and resources
https://app.leg.wa.gov/rcw/default.aspx?cite=11.48&full=true
https://app.leg.wa.gov/rcw/default.aspx?cite=18.86&full=true
https://app.leg.wa.gov/rcw/default.aspx?cite=18.85&full=true
https://www.nwmls.com/northwest-mlss-members-provide-buyers-and-sellers-with-choices-control-and-complete-transparency/
I keep an up-to-date list of probate attorneys who actively work with families here in Whatcom County. There are six options on the list, and they all offer a brief discovery call at no charge so you can ask where to start, what paperwork matters, and what to do next. Click the button below for instant access.
