[WSBAPT] lack of probate affidavit question

[Sharon Rutberg]

Hi, listmates --


Client's husband died without a will. The couple owned their home as community property and neither spouse has any children. We do not want to open estate administration for the husband (due to lack of need and privacy concerns). But we do want to transfer the wife's interest into her revocable living trust (created also for privacy concerns).


Do we need to record a document reflecting the transfer by intestate succession of the house to the wife as sole owner before she can quit claim the property into her RLT? If so, how so we do that? We have created a lack of probate affidavit attesting that surviving spouse is the rightful heir to the property. Can we record that (along with a death certificate and a REET affidavit)  to document the transfer? Do we need a deed instrument in addition?

I've heard varying things from different sources. Any clarification would be appreciated!


Best,

Sharon


Sharon C. Rutberg, Attorney at Law

Salmon Bay Law Group, PLLC

1734 NW Market St.

Seattle, WA 98107

206-735-3177, ext. 2

sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>

Website: www.salmonbaylaw.com

Washington State Bar #47055

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