[WSBAPT] Quit claim deed vs. Personal represenative deed

Tue Feb 24 15:53:42 PST 2015

This sounds like a classic nonpro rata distribution.  I'd just list WAC
458-61A-202(2) for the excise tax exemption to indicate what you are doing
in terms of distributions and simplify the language in the deed itself.

The minimum requisites under the Washington Conveyances statute (RCW 64.04)
are:

1. A grantor

2. A grantee

3. Consideration

3. Words of conveyance

4. A legal description

5. Signature of grantor, notarized

6. Delivery and acceptance 

The TOD Deed has a few extra requirements under its own RCW Chapter.

The words of conveyance within the deed are the magic words that determine
the deed type and effect, such as the warranties given by the grantor and
the legal rights acquired by the grantee.

RCW 64.04.030 - Warranty Deed

"conveys and warrants to"

The Statutory Warranty Deed conveys five specific covenants against title
defects: warranty of seisin, warranty of right to convey, warranty against
encumbrances, warranty of quiet possession, and warranty to defend.

RCW 64.04.040 - Bargain and Sale Deed

"bargains, sells and conveys to"

The scope of warranties provided by the Bargain and Sale Deed are the
warranty of seisin and warranty against encumbrances, and are limited to
encumbrances created, permitted, or suffered by the grantor, and do not
extend to those of any prior owners.

RCW 64.04.050 - Quitclaim Deed

"conveys and quitclaims to"

The Quitclaim Deed includes no express warranties, and does not extend to
after acquired title, unless specifically referenced in the deed.

The title at the top of the document, whether it is "PR Deed" or "Quit Claim
Deed" or something else, is largely irrelevant.  I've seen "Quick Claim" by
a DIY pro se.  It's the words of conveyance that are key.  There are a
myriad of cases out there that have muddled out the meaning of various deed
forms, especially those of an overzealous drafter that comingled words of
conveyance from the differing deed forms.  Stick to the statutory language
for the words of conveyance.

Additional language may be included to limit or add specific warranties, add
after acquired title, provide background information, context or clarity for
a title review officer, heirs, later owners, etc.  But anything beyond the
required elements is optional and depends on the specific situation.  If it
is just going to confuse, then leave the extra language out.

Also, keep in mind that much of the supplemental information may be able to
be provided directly to the necessary parties by other outside
documentation, such as the estate inventory, a copy of the will, a schedule
of trust assets, or a report by the PR.  In many cases, this may add a
desired layer of privacy for the individuals involved.  I tend to keep any
extra information in the deed to a minimum, such as just an identification
of the estate, court, and case number, or clarification of math for
fractional shares, especially now that deeds are easily internet accessible
public records.

Tara M. Roberts

Puget Sound Law

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, February 24, 2015 1:37 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Quit claim deed vs. Personal represenative deed

Richard,

Do you also include a section that refers to the specific provision(s) of
the will that specify that the grantee receives the property under the will?
There is such a section in the PR deed that I've used in the past. This is
where I run into an issue with using a PR deed in this specific case,
because the will says divide the community property in half, half to the
living trust, half to surviving spouse, rather specifically bequeathing the
particular property or the residue to the survivor. Can I leave that out and
just include the language about the grantor being the appointed PR? Thanks
for your input.

Lovie

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, February 24, 2015 1:07 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Quit claim deed vs. Personal represenative deed

For better or worse, what I've used to distribute real property out of an
estate is what I've called a PR's Deed, which I prepared from a Quitclaim
Deed by specifying its Grantor to be the PR of an estate etc.  I've used my
PR's Deed form for years, & so far, have not had any problem with it unless
I somehow screw up its legal description or make some other dumb mistake
like that, such as misspelling a party's name, Oh, my!

On 2/24/2015 10:58 AM, Lovie Bernardi wrote:

Dear listmates,

Is there any problem with using a quit claim deed to transfer decedent's
portion of real estate to the surviving spouse instead of a PR deed? The
will instructs that the PR (surviving spouse) divide the community property
into two equal portions, one half will be survivor's property and the
decedent's half will be put into a trust. The will gives the PR full
discretion in dividing the property. One half of the property has already
been placed into the trust, so I want to transfer the remaining real estate
to the survivor. It seems like the description of the will provisions that
would be included in a PR deed would be overly complicated and it would be
better to use a quit claim deed. Because the survivor wants the property to
go into the trust to avoid an ancillary probate, I am then planning to file
a transfer on death deed for the entire property. Does anyone see any issues
with this plan or have advice on how to proceed? Thank you in advance for
your input.

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

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