Washington Real Estate Sale: Costs & Commission Explained

Two very different kinds of "tax" show up on a Washington probate sale — one that never applies to real estate at all, and one that always does, on the price rather than the gain.

RCW 11.48.210, 82.45

Quick answer: the ordinary 5-6% realtor commission applies as usual. The PR's own pay is just and reasonable, no fixed percentage, typically unreviewed unless challenged. And the sale carries Washington's Real Estate Excise Tax (REET), a graduated tax on the price, separate from any income or gains tax. See how this plays out for your own numbers in the Washington probate real estate sale calculator.

The fee that gets checked only if someone asks

Worth understanding clearly: under nonintervention powers, there's no judge pre-approving the PR's compensation before it's paid. Instead, the PR states the fees paid or proposed in the closing petition or declaration of completion; heirs and beneficiaries whose shares those fees would reduce receive notice, and only then can they ask the court to weigh in on reasonableness.

REET: a transfer tax, not an income tax

REET applies a graduated state rate to the sale price itself — roughly 1.1% for lower price tiers, rising toward 3% or more at the top, adjusted periodically. It's owed regardless of whether the sale produced a gain or a loss, and it's typically the seller's (the estate's) responsibility to pay at closing.

A worked comparison

CostOn a $450,000 sale, illustrative
Realtor commission (6%)$27,000
PR compensation (12 hrs @ $45/hr)$540
REET (roughly 1.28% state portion, illustrative)≈ $5,760

Illustrative only. REET rate tiers and local additions change periodically - confirm the current schedule with the Department of Revenue.

Facing probate in Washington?

A local probate attorney can review your estate — many offer a free consultation.

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Realtor rates and REET tiers apply the same whether the sale is in King, Pierce, Snohomish, or Spokane County — local additions to REET, where they exist, are the main county-level variable.

Sale costs and commission — frequently asked questions

How is a Washington PR's fee actually reviewed if there's no advance court order?

Through the closing process — the PR states the fees paid or proposed in the petition or declaration of completion, heirs and beneficiaries whose shares those fees affect get notice, and any of them can ask the court to rule on reasonableness at that point.

What is the Real Estate Excise Tax rate structure in Washington?

REET uses a graduated state rate structure based on the sale price tier, generally starting around 1.1% for lower-value sales and rising to 3% or more for higher-priced property, adjusted periodically by the Department of Revenue.

Who pays the Real Estate Excise Tax on a Washington probate sale?

The seller — here, the estate — typically pays REET, though if the seller doesn't, the buyer can become liable for it under Washington law.

Who pays the realtor commission on a Washington probate house sale?

The estate does, the same as any ordinary sale — typically 5% to 6% of the price, paid out of the proceeds at closing, separate from and in addition to REET.

What does it cost to sell real estate during probate in Washington?

The ordinary 5-6% realtor commission applies as usual. The PR's own pay is just and reasonable, no fixed percentage, typically unreviewed unless challenged. And the sale carries Washington's Real Estate Excise Tax (REET), a graduated tax on the price, separate from any income or gains tax.

This page provides general guidance only and is not legal, tax, or financial advice. Based on RCW 11.48.210 and RCW 82.45 (REET). Rate figures are illustrative and change periodically. Confirm current figures with the Department of Revenue or a licensed Washington attorney before acting.