[WSBAPT] Recording Ltr Testamentary

[Paul Grant]

I am recording a deed to remove decedent's name from title - from PR to
surviving spouse and joint owner.

I attached an original Ltr Testamentary as an exhibit to the deed.

Snohomish County Treasurer is stating that the Ltrs need to be separately
recorded first, then the new deed by the PR in order to claim an
inheritance exemption.

They included the new real estate excise tax section RCW 82.45.197 that
states a ltr Testamentary must be given to the county treasurer, then
subsection (2) states that it must be recorded: "The documentation provided
to the county treasurer under this section must also be recorded with the
county auditor."  I think a copy of the Ltrs must also be attached to the
excise tax affidavit?

My brain says that it is attached to the deed so it is being recorded!
Additionally, the statute does not state that they have to be "separately"
recorded.  However, and obviously, Sno County is stating it must be
recorded first - another recording fee, go figure.

Any one have experience in other counties, or in Sno County, that they are
right and the Ltrs need to be "separately" recorded before the new deed is
presented?

Thanks,

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.
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