[WSBAPT] lack of probate affidavit question

[Mike Winslow]

I have heard that the clerks in the tax assessor's offices tell people they
need a deed. This happens is Skagit. Not necessary and not effective to
transfer title. Redundant, waste of money, etc.
The Lack of Probate affidavit is sufficient. Record it per the WAC, then,
wife just deeds to Trust. Use a warranty deed, not a quit claim deed, to
maintain title insurance coverage from original acquisition.

See  WAC 458-61A-202. Look at 6(i) for the process applicable to your
matter.

 
 
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 Sharon Rutberg
Sent: Thursday, October 12, 2017 3:31 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] lack of probate affidavit question
 
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
 <mailto:sharon at salmonbaylaw.com> sharon at salmonbaylaw.com 
Website: www.salmonbaylaw.com
Washington State Bar #47055

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