[WSBAPT] Trustee Deed vs PR Deed-Form 17

[Kailei Feeney]

RCW 64.06.010
Application—Exceptions for certain transfers of real property.
This chapter does not apply to the following transfers of real property:
(1) A foreclosure or deed-in-lieu of foreclosure;
(2) A gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transferor;
(3) A transfer between spouses or between domestic partners in connection with a marital dissolution or dissolution of a state registered domestic partnership;
(4) A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;
(5) A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter;
(6) A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy; and
(7) A transfer in which the buyer has expressly waived the receipt of the seller disclosure statement. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," the buyer may not waive the receipt of the "Environmental" section of the seller disclosure statement.

Kailei

Kailei B. Feeney
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Tuesday, May 08, 2018 10:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trustee Deed vs PR Deed-Form 17

Mike:

Neither is a statutory term. There are three statutory forms of a deed:

http://app.leg.wa.gov/rcw/default.aspx?cite=64.04

Which one to use depends largely on whom you are conveying to.

Good question on Form 17. I’ve always taken position it was because it was from a decedent and never received push back. Any dirt attorney’s know for sure?

John J. Sullivan
Sent from my iPhone

On May 8, 2018, at 9:37 AM, <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> wrote:
Hey everybody:
Quick Question: House in Trust - - So when the house is in probate, we use a PR Deed. When in Trust, do you just say Trustee Deed? Does Trustee need to sign form 17?
Thanks
Mike

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