[WSBAPT] Transfer of Real Property without Probate

[Heather deVrieze]

Even if there was no community property agreement, if the property was purchased as community property, during the marriage, and no will exists giving it to anyone other than the surviving spouse, and there are not heirs who might challenge such a Will, the Lack of Probate Affidavit can work just fine.

Probate is also simply not that complicated. I would be inclined to use the lack of probate affidavit now, to clear title to husband’s name, then have transfer via probate with a simple Will passing assets to daughter at father/husband’s death.

Heather


Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
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www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara M
Sent: Tuesday, March 06, 2018 3:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Transfer of Real Property without Probate

Thank you for the answers to my earlier question- I have several who have answered that the Lack of Probate Affidavit will work for the transfer of the property in my question.  There is no community property agreement in my case.  Is there an RCW that permits this lack of probate affidavit for real property transfer by married couples upon the death of the first or has it just been done by practice.

Am I creating title problems down the line for daughter?  I agree, best to sell it in probate, but if she wants to keep it as a rental for a while and then tries to sell it later, have we saved money now only to have to spend it later to clean up the shortcuts?

Sara


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