Selling Real Estate as a Guardian or Conservator in Whatcom County

When a loved one under guardianship or conservatorship owns real estate in Whatcom County, families often ask a practical question: Can the guardian or conservator sell the property, and if so, how?

The answer depends on the court order, the type of appointment, and whether the court grants specific authority to sell. Real estate transactions involving a protected person require careful attention to Washington law and court oversight.

This article explains who has authority, who signs the documents, when court approval is required, and what families should expect during the process.

Does a Guardian Have Authority to Sell Real Estate?

In Washington, a guardian is typically responsible for personal and healthcare decisions, not financial matters. Unless the guardian is also appointed as conservator, they usually do not have authority to sell real property.

If the court order appoints someone only as guardian of the person, that individual cannot sell the protected person’s home or other real estate without additional court authorization.

Always review the Letters of Guardianship and the court’s order carefully. Authority must be clearly granted.

Does a Conservator Have Authority to Sell Real Estate?

A conservator manages financial affairs and property. However, even conservators do not automatically have unrestricted authority to sell real estate.

Under Washington law, selling real property typically requires either:

• Specific authority granted in the court’s appointment order
• Or separate court approval for the sale

In most cases, the conservator must petition the court for permission before listing or selling the property. The court evaluates whether the sale is in the best interest of the protected person.

Common reasons the court approves a sale include:

• The home is no longer safe or appropriate
• The protected person has moved to long-term care
• The sale is necessary to pay for medical expenses
• The property is vacant and at risk of deterioration
• Liquidating the asset is part of responsible financial management

Who Signs the Listing Agreement and Closing Documents?

If the conservator has proper authority, the conservator signs the listing agreement, purchase and sale agreement, and all closing documents in their fiduciary capacity.

The signature line typically reads:

[Conservator’s Name], as Conservator for [Protected Person’s Name]

The protected person does not sign the documents unless the court order specifically allows it and the individual retains capacity to participate.

Title companies in Whatcom County will require certified copies of the Letters of Conservatorship and the court order before closing. They may also require confirmation that court approval for the sale has been granted.

Is Court Approval Required Before Accepting an Offer?

In many cases, yes. Even if a conservator has general authority to manage property, a separate court order approving the sale may still be required before closing.

The process typically involves:

• Filing a petition to approve the sale
• Providing details of the listing and proposed purchase price
• Demonstrating that the price reflects fair market value
• Showing that the sale benefits the protected person

The judge may review appraisals, comparative market analyses, or other valuation evidence. Some counties require confirmation that the property was properly marketed.

Because this adds time to the transaction, buyers and real estate agents must understand that court timelines can affect closing dates.

What Happens to the Sale Proceeds?

Sale proceeds do not belong to the conservator. They remain the protected person’s funds and must be handled according to court rules.

Typically, proceeds are:

• Deposited into a restricted account
• Reported in the next required accounting
• Used only for authorized expenses or investments

In some cases, funds may be placed in a blocked account that requires additional court permission before withdrawals.

The conservator has a fiduciary duty to preserve and manage these funds prudently.

Special Considerations in Whatcom County

Local practice matters. In Whatcom County Superior Court, judges carefully review petitions involving sale of a protected person’s home. Detailed documentation and clear justification improve the likelihood of approval.

Additional considerations include:

• Whether the home is subject to Medicaid estate recovery
• Whether there are liens or mortgages
• Whether family members live in the property
• Tax implications of the sale
• Capital gains considerations

If the protected person receives long-term care benefits, selling the home may affect eligibility. Coordination with an elder law or estate planning attorney is strongly recommended.

Practical Tips for Families

If you anticipate selling real estate under a guardianship or conservatorship:

• Review the court order immediately to confirm authority
• Consult an attorney before listing the property
• Work with a real estate agent familiar with court-supervised sales
• Inform buyers early that court approval may be required
• Plan for extended timelines

Clear communication prevents delayed closings and failed transactions.

Final Thoughts

Selling real estate as a guardian or conservator in Whatcom County is possible, but it is not the same as a typical home sale. Authority must be clearly granted, court approval is often required, and fiduciary duties apply at every step.

Because mistakes can create personal liability for the conservator, careful legal guidance is essential.

This article provides general information about Washington law and is not legal advice. For advice specific to your situation, consult a qualified Washington attorney familiar with guardianship, conservatorship, and real estate transactions in Whatcom County.

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.