[WSBAPT] Recording Ltr Testamentary

[Brian Dano]

I believe the RPPT legislative committee needs to address this issue, and the similar issue of non-probate affidavit recording, and propose some curative legislation to bring a halt to all the conflicting nonsense imposed by the various counties. There should be a simple, standardized procedure statewide.  Brian Dano

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Monday, September 25, 2017 3:04 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Recording Ltr Testamentary

 

I am glad that others are having fun dealing with County Treasurers and Auditors in filing PR’s deeds.  Jefferson County Treasurer has a new twist.  It rejected the original letters testamentary attached to the deed because the gold seal did not scan well.  We then attached a certified copy of an original letters and it was recorded.  However, we were warned that next time it would reject the letters, even certified, citing to RCW 65.04.045(2).  They we should ask the court clerk to not attach the gold seal.

 

I am sure there are more horror stories out there.

 

Jeff Davis

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Sunday, September 24, 2017 12:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording Ltr Testamentary

 

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> 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

Estate Planning. Business Planning. Wealth Succession.

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