Question Details: Estate is being divided 30% daughter 30% son 40% between (4) grandchildren But IF say the son wants to "buy" the house (at fair mkt value, he would have to pay "the estate" and that money would be divided in accordance with the will.
The decision on whether to sell the house or not is up to the executor of the will - was there a will? If there was NO will, then the choice to sell the house is left to the administrator (who does the same thing as a named executor, but is not names in a will).
The estate may be able to be divided without selling the house (I don't know the money's available here), so you need to take the will in to see an attorney and he/she should be able to answer your question when reading the will - if there is a will.

I am not admitted in Washington. Generally, a will should be drawn up by a lawyer familiar with the laws in your state. The laws governing wills are very specific on their preparation and execution. You should really ask the lawyer for help here.
You may also want to ask an attorney about creating a living trust and placing the house in the trust with a trustee. The trust can also make provisions for selling the house to one of the heirs. This may help to avoid probate and other tax consequences.

Are you a lawyer?
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