Detailed Answer
Under Washington law, a personal representative (also called an executor or administrator) may sell personal property to pay estate debts and expenses, then distribute remaining proceeds to heirs. The process follows specific statutory steps to ensure transparency, fairness and compliance with court requirements.
1. Authority to Sell Personal Property
RCW 11.40.070 authorizes the personal representative, once letters are issued, to sell personal property “as is” by public auction or private sale. The sale proceeds can cover debts, funeral costs, taxes and administration expenses before distribution to beneficiaries. RCW 11.40.070
2. Notice and Court Approval
Before a public sale, the representative must publish a notice of sale in a newspaper of general circulation in the county where the estate is probated. See RCW 11.40.110. For private sales or family‐member buyouts, the representative should petition the court for approval to avoid later disputes.
3. Sale Methods and Timing
Executors may choose between:
- Public auction: Open bidding maximizes price but involves auctioneer fees and marketing costs.
- Private sale: Direct negotiation can reduce costs but may yield lower bids.
- Sealed bids: Bidders submit confidential offers by a deadline, balancing competition and confidentiality.
4. Reimbursing Estate Expenses
Proceeds first repay valid claims against the estate, including medical bills, funeral expenses and filing fees. RCW 11.40.070 grants priority to these charges, then to administrative fees and personal representative compensation per RCW 11.62.020.
5. Equalizing Distributions
Once debts and expenses are paid, remaining funds distribute per the will or intestacy statutes (see RCW 11.04.015). If heirs received in‐kind assets of unequal value—such as sentimental items—the representative may sell selected items and divide cash to equalize shares or execute a family settlement agreement under RCW 11.96A.010.
Helpful Hints
- Obtain a professional appraisal for valuable collectibles before sale.
- Keep detailed sale records and receipts for your accounting report.
- Select a reputable auctioneer or use sealed bids to maximize competitive offers.
- Notify all interested parties in writing and keep proof of service.
- Consider a family settlement agreement to avoid court delays.
- Consult with a probate attorney if sales exceed typical estate-administration practices.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance on your specific situation.