Selling a House Held in a Living Trust in Washington: Who Signs and What Escrow Needs (2026)
Short answer: When a house is held in a living trust, the trustee is the seller. Escrow and title will usually ask for a certification of trust showing who the trustee is and that the trustee has the power to sell, rather than the whole trust document. The trustee still owes the buyer a seller disclosure statement in most sales, real estate excise tax applies to a sale to an outside buyer, and a successor trustee stepping in after a death has notice duties to the beneficiaries. The trust document itself controls a lot, so have the trust’s attorney involved early.
This is general information, not legal or tax advice. Trust terms vary, and the answer for your sale depends on what your trust says. Talk to a Washington trust and estate attorney and a tax professional before you list.
Who has the power to sell
Washington’s trust code gives a trustee, or the trustees jointly, discretionary power to "acquire, invest, reinvest, exchange, sell, convey, control, divide, partition, and manage the trust property" (RCW 11.98.070). The trust document can add to or limit that. Who the trustee is, and who the trustee answers to, depends on where the trust is in its life.
Based on: RCW 11.98.070, RCW 11.103.040, RCW 11.98.072, RCW 11.98.039 and RCW 11.98.075. The 60-day notice under RCW 11.98.072(2) applies to irrevocable trusts created after December 31, 2011 and revocable trusts that became irrevocable after that date, and the trust can waive or modify it in some cases.
A trustee also has to keep qualified beneficiaries reasonably informed about the trust’s administration and the material facts they need to protect their interests (RCW 11.98.072(1)). Selling the house is usually one of those facts. Telling beneficiaries the plan, the list price and the timeline before you sign a listing agreement heads off a lot of trouble.
What escrow and title will ask for
Under RCW 11.98.075, instead of handing over the whole trust document, the trustee can give a certification of trust that states:
- That the trust exists and the date the trust instrument was signed
- Who the trustor is
- The name and address of the currently acting trustee
- The trustee’s relevant powers
- Whether the trust is revocable, and who can revoke it
- Whether co-trustees can sign alone or must all sign
- The trust’s name, or how trust property is titled
The certification must say the trust hasn’t been revoked or amended in a way that makes it wrong, and it doesn’t have to say who inherits. It can be signed by any trustee or by the trust’s attorney. The person relying on it can ask for excerpts of the trust that name the trustee and give the power to act in this sale. Someone who relies on a certification in good faith is protected, which is why title companies like them. Check with your escrow officer early, since their requirements set your timeline. Our guide to the closing process walks through the rest.
If the house was never actually deeded into the trust, it may not be a trust asset at all. Look at the vesting on the title report before you assume the trustee can sell it.
The seller disclosure still applies
Washington’s seller disclosure law, RCW 64.06, lists the transfers it doesn’t cover in RCW 64.06.010. A transfer by the personal representative of an estate is on that list, and so is a transfer by a trustee in bankruptcy. A sale by the trustee of a living trust isn’t. So expect to give the buyer a Form 17 unless the buyer waives it, and the buyer can’t waive the Environmental section if any of its answers would be yes.
A successor trustee who never lived in the house can still fill out the form honestly. The disclosures are based on the seller’s actual knowledge, and many questions have a "Don’t know" box. Gather what you can: utility bills, permits, repair receipts and anything the trustor kept. A pre-listing inspection can fill in what nobody knows. RCW 64.06.020 currently has two versions on the Legislature’s site: one marked effective until January 1, 2027, and one effective January 1, 2027. The questions quoted here appear in both. If your sale runs across the new year, check which form is being used.
Real estate excise tax and trusts
Washington’s real estate excise tax rules treat moving a house into or out of a trust differently from selling it.
Based on: WAC 458-61A-211 and WAC 458-61A-210 (Washington Department of Revenue rules). Each transaction depends on its facts.
WAC 458-61A-210(5) adds that when property goes to or from a testamentary or irrevocable trust, documentation has to be available, such as a certified death certificate and the part of the trust showing the grantor’s authority, or a trustee statement with specific details. Escrow will tell you what it needs. For the other costs of a sale, see the true cost of selling a house in Washington, and for federal tax questions, our piece on capital gains on real estate is a starting point before you talk to a tax professional.
Sales to someone connected to the trustee
RCW 11.98.078 says a trustee has to administer the trust solely in the interests of the beneficiaries. A sale of trust property to the trustee personally is voidable by an affected beneficiary unless an exception applies. A sale to the trustee’s spouse or domestic partner, descendants, siblings, parents or their spouses, or the trustee’s agent or attorney is presumed to be affected by a conflict. Exceptions include a trust that authorizes the sale, court approval or a binding nonjudicial agreement, and beneficiary consent. If a beneficiary or relative wants to buy the house, get an attorney involved before anyone signs.
If the house came to you through a will and probate instead of a trust, our guide to selling an inherited house covers that path. If the trust would rather not make repairs, see selling a house as-is.
FAQ
Who signs when a house in a living trust is sold?
The trustee. Washington’s trust code gives a trustee the power to sell and convey trust property (RCW 11.98.070). If the person who set up the trust is still the trustee, they sign as trustee. If that person has died or stepped down, the successor trustee named in the trust signs. If there are co-trustees, the certification of trust has to say whether all of them must sign.
Do I have to give the buyer the whole trust document?
Usually not. Under RCW 11.98.075, the trustee can give a certification of trust instead, which states that the trust exists, who the trustee is, the trustee’s relevant powers and a few other facts. It doesn’t have to include who inherits. The person relying on it can ask for excerpts that name the trustee and give the power to act in the sale.
Does a trustee have to fill out Form 17?
In most sales, yes. Washington’s seller disclosure law lists the transfers it doesn’t apply to in RCW 64.06.010. Sales by a personal representative of an estate and by a trustee in bankruptcy are on that list, but a sale by the trustee of a living trust isn’t. The form is based on the seller’s actual knowledge, and many questions allow a "don’t know" answer.
Is there real estate excise tax when a trust sells the house?
Yes, on a sale to an outside buyer. WAC 458-61A-211 says a transfer into a revocable trust is exempt, and so is a transfer from the trustee back to the original grantor or to a beneficiary when no valuable consideration passes. But a sale by the trustee to a third party, or to a beneficiary for valuable consideration, is subject to the real estate excise tax.
Can the trustee sell the house to a relative?
Be careful. Under RCW 11.98.078, a sale of trust property to the trustee’s spouse or domestic partner, descendants, siblings, parents or their spouses, or the trustee’s agent or attorney is presumed to be affected by a conflict of interest. A beneficiary can void that kind of sale unless an exception applies, such as the trust authorizing it, a court approving it, or the beneficiary consenting. Talk to an attorney first.
Talk it through with a local agent
Peter Kim and Odigo Real Estate Club can work with the trustee, the trust’s attorney and escrow so the paperwork is ready before the house goes on the market, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home selling services or ask for a property valuation.
Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday
Sources
- Washington State Legislature, RCW 11.98.070 (trustee’s power to sell, convey and manage trust property), https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.070 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 11.98.075 (certification of trust; contents, excerpts, good-faith reliance), https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.075 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 11.98.072 (trustee notification duties; 60-day notice; revocable trust while the trustor is living), https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.072 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 11.98.039 (successor trustee; notice of vacancy; nonjudicial or court appointment), https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.039 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 11.103.040 (duties owed to the trustor of a revocable trust while living), https://app.leg.wa.gov/RCW/default.aspx?cite=11.103.040 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 11.98.078 (trustee duty of loyalty; sales affected by a conflict of interest), https://app.leg.wa.gov/RCW/default.aspx?cite=11.98.078 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 64.06.010 (transfers the seller disclosure chapter doesn’t apply to), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.010 , accessed Nov 3, 2026.
- Washington State Legislature, RCW 64.06.020 (seller disclosure statement form; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Nov 3, 2026.
- Washington State Legislature, WAC 458-61A-211 (mere change in identity or form; transfers into a revocable trust; sale by a trustee to a third party is taxable), https://app.leg.wa.gov/wac/default.aspx?cite=458-61A-211 , accessed Nov 3, 2026.
- Washington State Legislature, WAC 458-61A-210 (irrevocable trusts; distributions to beneficiaries; documentation), https://app.leg.wa.gov/wac/default.aspx?cite=458-61A-210 , accessed Nov 3, 2026.
About the Author
Peter Kim
Peter Kim is the owner of Odigo Real Estate Club, a leading real estate agency in the Greater Seattle area that specializes in residential, commercial, and luxury properties. With over 25 years of combined experience and a team of highly skilled agents, Peter brings a wealth of knowledge and expertise to the real estate space.
