[WSBAPT] insuring home without probate

Wed Jan 7 13:36:42 PST 2015

A title company will usually treat the transaction as a “lack of probate” situation and require the daughter to sign a Lack of Probate Affidavit.  We would use the adjudication as extra evidence of heirship, but would not rely on it as the sole evidence.
Keep in mind also that the Adjudication is not binding on parties not served, nor does it bar creditors.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John White
Sent: Wednesday, January 07, 2015 9:18 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] insuring home without probate

We have used the Adjudication procedure (both testacy and intestacy) to handle very simple estates with real property.  We include in the order the property’s legal description and in whom title vests.  We record the order and use the excise tax exemption for “court orders” instead of from a personal representative.

[cid:image001.jpg at 01D02A7E.F9321800]

John J. White, Jr.
425.822.9281 Ext. 7321
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white at livengoodlaw.com<mailto:white at livengoodlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Tuesday, January 06, 2015 5:28 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] insuring home without probate

Marcia--I think you may need a probate and a deed from mother's estate to daughter.  When daughter is appointed pr she will be able to get insurance on the estate's house.  I don't think the statutory automatic title vesting works in real life.

Mark

On Tue, Jan 6, 2015 at 4:53 PM, Marcia Mellinger <macmell at hotmail.com<mailto:macmell at hotmail.com>> wrote:
Dear All, Mother died and had will leaving everything to daughter (only child). Mother was single at her death.

Small estate with modest home in Mother's name, and now daughter is trying to get insurance on property.  Daughter was not going to do a probate, since all accounts were in both names.  Insurance co. says daughter needs to officially transfer title to her name or they will not insure property.  I thought title to real estate vests in heir(s) at death.

Anyone have a work around?  Happy New Year, Marcia
________________________________
From: mkgroutlaw at gmail.com<mailto:mkgroutlaw at gmail.com>
Date: Mon, 5 Jan 2015 19:28:12 -0800
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice of vacancy and succession
Dan. I can pull one up and send it Tuesday from my computer if you don't get one before that   Let me know

Misspelled from my iPhone

Melinda

Law Office of Melinda K Grout
PO Box 1360
Monroe, WA 98272
(360) 794-4322<tel:%28360%29%20794-4322>. Tel
(425) 744-6745<tel:%28425%29%20744-6745>. Fax

Notice:  This message is intended only for the addressee, and may contain confidential and/or privileged information.  If you are not the intended recipient, it is too late to stop reading, but please do not use it for any improper purpose.

On Jan 5, 2015, at 7:20 PM, Dan Clawson <clawsonlaw at seanet.com<mailto:clawsonlaw at seanet.com>> wrote:

The PR died shortly after appointment and her successor needs to publish notice per RCW 11.40.150.   If anyone has a sample or form they could share it would save me a lot of time.

Thanks,

Dan Clawson

Clawson Law Office, PS
108 Logan Ave. South, Suite A
Renton, WA 98057-2019
(425) 277-1299<tel:%28425%29%20277-1299>
(425) 274-7337<tel:%28425%29%20274-7337> (Fax)

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--
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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