[WSBAPT] Recording Ltr Testamentary

[Neli Espe, J.D. - Olympic Legal]

Paul,

I have recorded ‘together’ (over objection of Auditor) in Skagit County.

Best of luck,

Neli



On Sep 23, 2017, at 1:34 PM, Paul Grant <paulnnepa at gmail.com<mailto:paulnnepa at gmail.com>> wrote:

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<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.
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