[WSBAPT] Non Probate Affidavit

[Mike Winslow]

In addition to any affidavit the title company might request, you should prepare and record the Affidavit of Community Property, as available on the Dept. of Revenue website to avoid excise tax on the transfer by the spouse to the trust. Otherwise, the county may try collect sales tax on the transfer by the spouse. This assumes there is no community property agreement available to record, otherwise record the CPA.
 
If you are not seeking to insure the transfer to the RLT, you can skip the Lack of Probate affidavit the title companies require on transfers to third parties in this situation.
 
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 John McCrady
Sent: Thursday, November 05, 2015 5:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Non Probate Affidavit
 
Will you be asking for a title policy insuring the ownership by the Trustee of the Trust?  Each title company will have their own rules about insuring a no consideration transfer, but we would insure such a transaction depending on the contents of the submitted non-probate affidavit.
 
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 Michael Atkins
Sent: Thursday, November 05, 2015 3:51 PM
To: PROBATE -REAL PROP SECTION <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non Probate Affidavit
 
Surviving Widow came in to put Real property into a revocable trust.  Determined that H died intestate and estate not probated.  Any one know if Title Co (if yes which one) will allow a non probate affidavit and Deed to Trust ? My experience has only been when there was a sale and they do Title Insurance Policy?   
Thanks
Mike

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