[WSBAPT] One more question

[John McCrady]

A deceased person cannot, of course, transfer his interest in property.
By the laws of intestacy, the husband’s interest in all community property transferred at death to his wife.
The lack of probate affidavit does not transfer the title; if it is the title company’s affidavit, it is used to convince the title company to insure title in the wife notwithstanding the lack of a probate.
If it is the department of revenue’s affidavit, it is used to establish that no excise tax is owed on the “conveyance” from husband to wife.

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 Christopher Small
Sent: Friday, January 13, 2017 1:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] One more question

Hope everyone is enjoying a fabulous day. Here are the facts...

 *   H & W own a home - community property.
 *   H dies without a will.
 *   Years later W wants to put home into a trust - she needs to get H off the deed.
 *   Complete affidavit for lack of probate and it's ready to file.
Here's my question - the lack of probate affidavit should be accompanied by an instrument actually transferring the property right? Should W sign the deed on behalf of husband? What does the structure of that deed look like?

Just having trouble wrapping my mind around how a deceased person transfers property.

Should the clerk issue a new deed with the decedent removed?

Thanks again for your time and help!

Sincerely,

Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St., Suite 227
Kirkland, WA 98033
206.659.1512
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