[WSBAPT] Recording a Quit Claim Deed after Death of Grantor

[Paul Neumiller]

I haven’t researched this issue (probably since first year law) but don’t you have to have “delivery” of the deed to be effective?  What is your fact pattern?  Did the PR just find the QD in the decedent’s drawer (indicating no delivery) or was the QD delivered to the grantee but just not recorded?  It may make a difference whether the interest passes via the QD or passes in the residual clause of decedent’s Will.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Reutter
Sent: Monday, January 23, 2017 9:36 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Recording a Quit Claim Deed after Death of Grantor

Hello and good morning,

I have a simple fact pattern that presents and interesting procedural question. I am involved in a probate situation where, before passing away, the decedent had properly executed a quit claim deed for the decedent’s interest in a home. The decedent, however, did not record the deed or corresponding REETA/Supplemental REETA before the decedent’s death.

This situation now presents the following question: What is the procedure for recording a quit claim deed after the grantor had passed away? (Specifically in regards to the REETA and Supplemental REETA)

My first thought was simply to have the personal representative sign the REETA and Supplemental REETA on behalf of the decedent. The representative at the King County Recorder’s Office, however, told me that they wanted guidance from the DOR before they would be comfortable with the PR signing off on the Supplemental REETA (they seemed to have no problem recording the deed itself, or with the PR signing off on the REETA, but seemed to be uncomfortable with the PR signing off on the Supplemental REETA).

When I spoke with the DOR on the phone, the DOR representative suggested that I use the inheritance WAC (458-61A-202) on the REETA so as to avoid the need entirely for the Supplemental REETA. I told the representative that I did not fully understand that solution, as the quit claim deed represents an inter-vivos transfer, and that it seemed inappropriate to me to cite the inheritance WAC for such a transfer. The DOR agent was unable to give me written confirmation of this procedure.

I would greatly appreciate any guidance on this issue. I have a few more ideas for how to proceed, but I am curious to see if other practitioners have seen this issue before and, if so, how they recorded the quit claim deed.
Best regards,

Eric Reutter, Partner
J.D., LL.M. Taxation
14205 SE 36th Street, Suite 100
Bellevue, WA 98006
(425) 298-7110 | appelgatereutter.com<http://appelgatereutter.com/>

[https://docs.google.com/drawings/d/1_ki68D-hyjqSa4GiscGPV7pYrrbXnk4Y-J2oVpiqZnU/pub?w=1142&h=323]

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