[WSBAPT] Liens on estate and real property

[Timothy Lehr]

All,

PC is sole heir of mom's estate - no Will, intestate probate. Only estate assets is a piece of real property. It's a tear-down house that will only get the estate around $150-200k. There are liens from the City amounting to around $10k, a $40k mortgage and DSHS lien for approx. $250k. Clearly debts outweigh the asset.

PC would like to do right by mom and take on estate, sell property and satisfy debts as much as possible. He would also like to at least take a fee for his time. I haven't done many insolvent estates so have a couple questions:

  1.  Do insolvent estates require intervention by the court and should the known creditors get notice of the initial probate proceedings in court?
  2.  If PC administers Estate, can he take a fee prior to debts being satisfied (to make it worth his time)?
  3.  If property sells on market, do real estate agents get commissions prior to other liens being paid?
  4.  Are creditors, like DSHS, entitled to any kind of role in the sale of the property - to ensure most value is received in sale?

Before looking over RCWs I thought I would ask - but any experience or insights would be appreciated.

Timothy C. Lehr
Attorney & Partner

[cid:image001.jpg at 01DB718F.90CABF70]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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