[WSBAPT] Probate question

[Sarah Jael Dion]

Michael, that was so helpful, thank you for taking the time to explain it to me!

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
dionlaw.com

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> On Jul 3, 2015, at 1:26 PM, Mike Winslow <mike at winslegal.com> wrote:
> 
> RCW 11.04.250
> When real estate vests — Rights of heirs.
> When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.
> [2010 c 8 § 2005; 1965 c 145 §11.04.250 <http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.250> . Prior: 1895 c 105 § 1; RRS § 1366.]
> No probate is necessary to vest title in the heirs. Title companies like to see an Affidavit of Non-Probate, or what is referred to as a Lack of Probate Affidavit. Call and talk to your friendly neighborhood title officer.
>  
> But the DOR still wants their pound of flesh, and they will extract it in form of excise tax if you go the No Probate route, whereas, if you probate a will or, if no will, perform administration, then the transfer by Deed from the estate is exempt. The DOR treats the “transfer” by operation of law (as provided above), as not exempt under strict reading of the WACs.  I have posted up on this a few times on this list, so you could find more in archives.
>  
> The decision whether to probate or not, may come down to the cost of probate versus the cost of the excise tax.
>  
> Make sure you disclose to the heirs regarding the Notice To Creditors (or Non-Probate Notice To Creditors) process, the benefits thereof, and if they elect to forgo that process, get a waiver from them so they don’t claim professional liability if a creditor’s claim shows up within the two year SOL.
>  
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>  
> This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
> Sent: Friday, July 03, 2015 11:57 AM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Probate question
>  
> Hello list-mates. I do estate planning, but have not been involved in doing probates. 
>  
> If a person dies and leaves a house (assume one worth less than say $500K), but no other probate assets, is probate required? I know that strictly speaking, the answer is yes, and that the house must go through the probate process in order to transfer title to the heir/s. But in practice, could a seller/heir obtain the necessary title insurance without opening a probate? 
>  
> If probate is required, not just legally, but practically, how do probate lawyers get paid if the house is the only asset?
>  
> Many thanks for anyone willing and able to educate me a little! 
>  
> Sarah Jael Dion
>  
> Dion Law PLLC                                                                  
> 206-550-4005
> sarah at dionlaw.com <mailto:sarah at dionlaw.com>
> dionlaw.com <http://dionlaw.com/>
>  
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 
>  
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