[WSBAPT] Quiet Title Question

Christina Faucett christina at faucettlegal.com
Tue Feb 6 14:55:24 PST 2018


I have a client whose husband died in 2006, owning a home which was at
least partially his separate property. Probate was opened but never closed,
due to the surviving spouse not being able to distribute the appropriate
shares of the home to her deceased husband's two brothers without selling
the house, which she was unable to do. She has been living in the home for
the past twelve years, and now seeks to quiet title on the property (the
home is still solely in her husband's name). Would a quiet title action
work in this case, or does probate need to be completed? The thing that
trips me up is the term "unknown heirs" in the quiet title statute. In this
case, we know who the heirs are (and can possibly reach them) so I'm not
sure if this is possible.

Thanks,

Christina Faucett
Attorney at Law
faucettlegal.com
(206) 650-2420

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