When you inherit a house in Spokane, the first thing most people hear is the word probate. It sounds expensive, slow, and complicated, and often it is. But the truth is that not every inherited property in Washington actually has to go through full probate before you can sell it. There are several legitimate shortcuts, and which one applies depends entirely on how the property was titled, whether your loved one had a will or trust, and how the rest of the estate was set up.
This guide walks through the Washington-specific rules so you know whether you can sell quickly or whether probate is unavoidable. As always, this is general information, not legal advice — talk to a Washington probate attorney about your specific situation.
Why Probate Slows Sales Down
Probate is the court process that legally transfers a deceased person’s assets to the new owners. In Washington, even a simple probate typically takes four to six months because of the mandatory four-month creditor claim period under RCW 11.40. Until probate is open and Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t) are issued, no one technically has the authority to sign a deed transferring the property.
That said, here are the situations where you can skip probate or use a much faster alternative.
1. The Property Was Held in a Revocable Living Trust
If the deceased owner moved the Spokane house into a revocable living trust during their lifetime, the trust now owns the property. The successor trustee named in the trust document can sell the house directly without probate. This is by far the cleanest path. You will need:
- A certified copy of the death certificate
- The trust document (or a Certification of Trust)
- A short Affidavit of Successor Trustee, often recorded with the Spokane County Auditor
From there, the trustee signs the listing or cash sale paperwork like any other owner. Closings can happen in two to three weeks.
2. The Home Was Held With Right of Survivorship
If the title to the Spokane home was held as joint tenants with right of survivorship (JTWROS), the surviving owner now owns the property automatically. No probate, no court. You simply record a certified death certificate and an Affidavit of Surviving Joint Tenant with the Spokane County Auditor and you are clear to sell.
3. Community Property With Right of Survivorship (Common for Married Couples)
Washington is a community property state. Many married couples in Spokane hold their home as community property with right of survivorship. When one spouse dies, the surviving spouse becomes the sole owner without probate. The surviving spouse files a Community Property Survivorship Affidavit (sometimes called an Affidavit of Surviving Spouse) with the county and can then sell freely.
If you are a surviving spouse in this situation, our page on selling an inherited house in Spokane walks through next steps and timing.
4. A Transfer on Death Deed Was Recorded
Under RCW 64.80, Washington allows a Transfer on Death Deed (TODD). If your loved one recorded one of these before passing, the home transfers automatically to the named beneficiary upon death — no probate required. You confirm the transfer by recording the death certificate and a simple affidavit.
Not every estate planner used these (they only became available in Washington in 2014), but it is always worth checking with the Spokane County Auditor to see if a TODD is on file.
5. Small Estate Affidavit (Personal Property Only)
Washington has a Small Estate Affidavit procedure for estates under $100,000, but here is the catch: it does not apply to real estate. It only works for bank accounts, vehicles, and other personal property. So if the only real asset is the Spokane house, this shortcut is off the table for the house itself, though it can speed up handling of everything else.
6. Nonintervention Powers — The “Easier” Probate
If none of the above applies, you may still avoid the full, painful version of probate. Washington offers nonintervention probate, which is significantly faster and cheaper than supervised probate. The personal representative is granted broad authority to sell real estate without court approval for each step, as long as the will permits it (or all heirs agree). Most Spokane probates use this option.
Under nonintervention powers, you can typically list and sell the house within a couple of months of being appointed. Many cash buyers (including us) will sign a purchase agreement while probate is still pending, with closing contingent on receipt of Letters.
Common Spokane Scenarios
Here are real situations we see often:
- South Hill home held in a trust: Adult children sell within three weeks of mom’s passing, no probate at all.
- Five Mile rambler in joint tenancy: Surviving spouse records affidavit, sells two months later.
- Mead property in mom’s name only, no will: Probate is required, but using nonintervention powers, the family lists in eight weeks and closes a cash sale in week ten.
- Indian Trail house with TODD on file: Daughter named on the deed, records affidavit, sells without ever stepping into court.
What If Probate Is Required?
If you do need probate, do not panic. Spokane County’s probate process moves reliably and most attorneys handle it for a flat fee in the $2,500–$4,500 range for a simple estate. You can also accept a cash offer on the property contingent upon probate being granted, which locks in the price and the buyer while you wait for the court.
Our overview of selling a house in probate in Spokane goes deeper on this process.
Tax Note: The Stepped-Up Basis
One piece of good news for heirs: under federal tax law, inherited property generally receives a stepped-up cost basis equal to the fair market value on the date of death. That usually means little to no capital gains tax if you sell shortly after inheriting, even if the original owner bought the home decades ago for a fraction of what it is worth now. Confirm with a CPA, but this is a major reason many heirs choose to sell rather than hold.
How We Help Heirs in Spokane
We have closed on inherited homes in every stage of probate (and several that did not require it). We can write a cash offer in 24 hours, work directly with your probate attorney, handle the cleanout if the house is full of belongings, and close on your timeline rather than ours. There are no agent commissions, no repairs, and no showings.
If you want to know what your inherited Spokane house is realistically worth in its current condition, call (509) 720-8429 or use the form on this page for a free, no-obligation 24-hour cash offer. We will tell you whether selling now is the right move or whether you should sit tight and wait for probate to finish.