I would record the CP Agreement in Thurston County, where the real
property is located. You can record it before or after the probate is
started.
With respect to the husband’s estate, you could file a joint petition for
Husband and Wife and probate both estates in the same proceedings. It is
not necessary to probate the Husband’s estate in order to transfer
ownership, but by including him in the probate, you can take advantage of
the four month claim period for both estates. The Notice to Creditors
should be published in Thurston County, where the real property is
located.
With respect to the life estate, be more specific on how the Will reads.
Ron Hendry
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Heather Kolbly
Sent: Thursday, April 17, 2014 11:35 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Opening probate of spouse with CP agreement
Hi All,
I am getting ready to open probate for deceased Wife. Husband died last
October and no probate was opened. H and W had a Community Property
Agreement and standard wills leaving everything to each other, and then
when they are both gone, the property is to be divided as described in the
Wills to all 3 of their adult children. The deceased parties lived in
Thurston County and they owned real property there, but I am opening
probate in King County, since that’s where I am located. QUESTIONS:
1. Does the CP Agreement need to be recorded in Thurston Co. or can
I record it in King Co.? I am thinking Thurston, since that’s where
decedents lived and where they owned property, but since I can open
probate in King County, I am wondering if I can record the CP Agreement in
King Co. as well.
2. It’s my understanding that if I record the CP Agreement, no
further action needs to be taken regarding Husband’s estate (i.e. no
probate needs to be opened for his estate, and no paperwork needs to be
filed with the court concerning his death, other than filing the original
of his Will). Is that correct?
3. Do I need to wait for the CP Agreement to be recorded before I can
open probate for Wife?
4. Wife’s Will (as well as husband’s) left real estate to 2 of the
kids in the form of a life estate tied to Kid #1’s life. Can anyone offer
guidance on what the deed will look like for that? I’ve never dealt with
a life estate before beyond learning about it in law school.
Many thanks,
Heather Kolbly
KOLBLY LAW FIRM, P.C.
peace of mind through planning
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Office: (425) 522-4234 <tel:%28425%29%20522-4234> Cell: (425)
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