Does an Executor Have to Complete a Seller Disclosure Form When Selling a Probate House in Washington?

Selling a house after someone dies creates an unusual problem for the person handling the estate.

Washington's standard Seller Disclosure Statement asks detailed questions about the property. Roof leaks. Plumbing problems. Electrical systems. Water intrusion. Structural issues. Septic systems. Easements. Environmental concerns.

But what if you're the Personal Representative and you never lived in the house?

You may live in another state. You may have only visited the property a handful of times. You may know almost nothing about its maintenance history.

Fortunately, Washington law specifically addresses this situation.

Probate Sales Are Exempt From Washington's Seller Disclosure Requirements

Under RCW 64.06.010(6), a transfer made by the Personal Representative of a deceased person's estate is exempt from Washington's real estate seller disclosure chapter.

In practical terms, that means a Personal Representative selling estate property generally isn't required to complete the standard Seller Disclosure Statement, commonly called Form 17, that would normally be part of a residential sale.

That makes sense. It would be difficult for someone who never occupied the property to accurately answer detailed questions about its history.

But there is an important distinction:

Being exempt from Form 17 doesn't mean the condition of the property no longer matters.

What Do You Actually Know About the House?

This is where a probate sale can require a little detective work.

Maybe there are old repair invoices in a desk drawer. Maybe the family knows the roof was replaced eight years ago. Maybe there's obvious staining beneath a skylight, a damaged deck, an old electrical panel, or evidence of water in the crawlspace.

Or maybe nobody knows much of anything.

That's okay. The objective shouldn't be to guess. It should be to separate what is actually known from what isn't, then make good decisions with the information available.

Consider Learning More Before You List

For some estate properties, a professional inspection before listing can be useful.

An inspection may identify significant problems that could otherwise surface after a buyer is already under contract. It can also help the Personal Representative decide whether certain repairs make financial sense, or whether the better strategy is to sell the property in its current condition and price it accordingly.

Sometimes a house needs preparation. Sometimes an estate may be better served by leaving it alone.

The important part is making that decision intentionally.

Talk With the Estate Attorney About Disclosure

The Form 17 exemption is useful, but it shouldn't be interpreted as a blanket answer to every disclosure question that could arise during an estate sale.

Every property and estate is different. Before listing, the Personal Representative should ask the estate attorney or a qualified real estate attorney what disclosure obligations apply to that particular transaction.

Then the real estate strategy can be built around the actual house.

Before spending money on repairs, cleaning, improvements, inspections, or hauling everything away, understand what you know, what you don't know, and what the property is worth in its current condition.

If you're responsible for an estate property in Bellingham or Whatcom County, I'm happy to spend 15 minutes talking through the property and helping you determine the practical next steps.