Understanding how to handle estate assets is one of the most important parts of probate. Families often start the process unsure of what property must go through probate, what can transfer automatically, and how real estate should be managed. Personal representatives must identify, secure, value, and eventually distribute every asset in the estate. These responsibilities require accuracy and careful documentation.
This page explains how Washington law treats different types of estate property and what personal representatives must do to transfer, sell, or distribute assets correctly. Real estate often plays the biggest role because property titles cannot be transferred without court-appointed authority. Vehicles, bank accounts, investment accounts, and personal property also require proper management to avoid delays or disputes.
With the right guidance, personal representatives can handle these responsibilities confidently and avoid the mistakes that lead to conflict or liability. Pacific Northwest Family Law helps families understand how assets must be treated under Washington law and ensures that every transfer is done legally and efficiently.
➡ If you would like to know how debts and creditor claims are handled, see our page Creditor Claims, Debts, and Final Expenses
➡ For more general information about the probate process, see our page Probate in Washington State
Myths and Misconceptions About Estate Assets in Washington
Myth: “All assets go through probate.”
Many assets transfer outside probate through beneficiary designations or joint ownership under RCW 11.02.005.
Myth: “The personal representative can access accounts right after the death.”
Banks require letters testamentary or letters of administration under RCW 11.48.020 before releasing funds.
➡ For more information about the powers and duties of the personal representative, see our page Personal Representative Fiduciary Duties
Myth: “Real estate automatically transfers to the spouse.”
Real property requires probate unless titled with survivorship rights or controlled by a community property agreement.
Myth: “You can give property to beneficiaries early if everyone agrees.”
Early distribution can create liability under RCW 11.40.100 if debts or taxes remain unpaid.
Myth: “Vehicles do not need probate because the DMV will retitle them.”
DMV procedures often require probate documents or affidavits confirming authority to act.
Identifying and Securing Estate Assets
How does the personal representative identify estate assets?
They gather financial records, title documents, statements, and property lists to determine what belonged to the decedent. This includes probate and nonprobate assets. An accurate inventory is required under RCW 11.44.015.
What must the representative do to secure property?
They must protect the home, vehicles, accounts, and valuables from loss or misuse. This may include changing locks, updating insurance, and confirming account balances. Early action prevents disputes and protects the estate.
Does personal property need to be inventoried?
Yes. The representative must document personal property such as furniture, jewelry, and collections. This inventory supports fair distribution and prevents conflict among heirs.
Real Estate in Washington Probate
Does real property always require probate?
Most real property requires probate unless titled with right of survivorship or transferred by a valid community property agreement. Courts must authorize transfers through a personal representative under RCW 11.48.010. Title companies will not complete a transfer without proper documentation.
Can the personal representative sell the home?
Yes. The representative may sell real property if needed to pay debts or distribute the estate. Authority comes from RCW 11.48.060, and nonintervention powers make the process more efficient.
What if someone is living in the home?
The personal representative must determine whether the occupant has legal rights. If not, they may ask the person to leave or pursue legal action. Occupancy issues often delay probate if not addressed early.
How does selling property affect the probate timeline?
Sales can extend the timeline because they require valuation, marketing, and closing procedures. The home must be sold properly to avoid title issues. Proceeds become part of the estate for final distribution.
➡ For more information about the process and timing of probate, see our page Probate Timeline and Process
Bank Accounts, Investments, and Financial Assets
How are bank accounts handled during probate?
The representative collects funds and transfers them into an estate account once letters are issued. Accounts without beneficiaries or joint owners usually require probate under RCW 11.48.020. Funds are then used to pay debts and expenses before distribution.
Do retirement accounts go through probate?
Most retirement accounts transfer directly to named beneficiaries and are considered nonprobate assets under RCW 11.02.005. If no beneficiary is listed, the account may require probate. Beneficiary disputes can complicate the process.
➡ See [Nonprobate Transfers and Beneficiary Designation Conflicts]
How are investment accounts managed?
The representative must verify ownership, update authority, and safeguard the account. Some accounts transfer outside probate depending on title and beneficiary designations. Accurate valuation is required for distribution and tax purposes.
Business Interests and Special Assets
What happens if the decedent owned a business?
Business assets must be evaluated and sometimes managed or sold. The representative may need to continue operations temporarily to protect value. Complex business interests often require professional assistance.
➡ See [Probate with Family Businesses, Farms and Professional Practices]
How are rental properties handled?
The representative must manage rent, tenants, repairs, and insurance while probate is open. They may need to collect income or prepare the property for sale. Proper management prevents loss and maintains value.
How are digital assets treated?
Digital assets such as online accounts, photos, or cryptocurrency require secure access and careful documentation. Washington adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which governs access rights. Representatives must follow service provider rules to manage these assets correctly.
Distributing Estate Assets
When can assets be distributed to heirs?
Assets can be distributed only after debts, taxes, and expenses are resolved. The representative must ensure the estate is solvent before making any distributions. Improper early distribution creates personal liability.
How is personal property distributed?
Personal property may be distributed according to the will or Washington’s intestacy laws under RCW 11.04.015. When disputes arise, representatives must remain neutral and follow statutory obligations.
What if heirs disagree about who receives what?
Disagreements may be resolved informally, but serious disputes often require formal procedures or mediation. TEDRA may be used if the conflict impacts administration. Accurate inventory and communication help prevent disputes.
➡ For more information about how probate disputes are resolved, see our page Contested Wills, Estate Disputes and TEDRA Litigation
How does the representative transfer title to heirs?
Title is transferred through personal representative deeds or other approved documents after the estate is ready for distribution. All transfers must comply with Washington probate rules. This ensures heirs receive clear and marketable title.
How Pacific Northwest Family Law Helps
Managing estate assets is one of the most complex parts of probate. Our attorneys guide personal representatives through every step, from securing property and gathering records to handling real estate, business interests, financial accounts, and personal property. We help you follow Washington law, avoid liability, and protect the estate’s value.
Whether your case involves real property, digital assets, investment accounts, businesses, or disputes among heirs, we provide the clarity and structure needed to complete probate successfully. Families trust us to manage these responsibilities with care, accuracy, and efficiency.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025.