[WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

[Mike Winslow]

The language used in the deed "husband and wife" establishes community
property. The reference to survivorship is extraneous. There is no need to
record an additional deed. The clerk at the auditor's office is practicing
law, and that not very well. 
 
It would be useful to record an Affidavit of Community Property, with
attachment of the death certificate (redacting the SSN and any other info
you don't want in the public record).
You should also notify the Assessor/Treasurer of the death and they will
change the tax rolls to the survivor's name.
 
A form of affidavit is available at the DOR website and complies with the
rules for exemption from excise tax.
http://dor.wa.gov/content/Search/Default.aspx?search=affidavit+community+pro
perty
Select the first item in the screen and you will  see the form in PDF.
 
More Dirt, Than Dead,
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina DeVore
Sent: Thursday, July 23, 2015 3:13 PM
To: WSBA Real Property Listserv; WSBA Probate & Trust Listserv
Subject: [WSBAPT] Joint real property with right of survivorship - anything
additional recorded at death of joint tenant?
 
Listmates:
 
I have a client who owned real property with her spouse.  The husband owned
the property initially, quit claimed the property to him and his wife as
follows:  "H and W, Husband and Wife, with Right of Survivorship."
Husband/Joint owner is now deceased.  The recording office in Clark County
tells me that I need to record a new deed and file an excise tax return as
well.  I was initially thinking that I would need to file the death
certificate to show proof of death of joint tenant and possibly and
affidavit.  Is this additional step of recording a new deed necessary?
 
Thanks for any words of wisdom!
Kristina
 
 
Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 300 W. 15th Street, Suite 305 | Vancouver,
WA  98660
Phone: (360) 695-0535 | Fax: (360) 737-4154 | kristina at devore-law.com
 
 
 
 
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