[WSBAPT] Lack of Probate Affidavit and Small Estate Affidavit

[Kristina devore]

Good afternoon,

I have a potential estate administration client who has two assets in the decedents name:  1) a credit union account that was titled in deceased husband’s name ($1,800) and a 2) a home that potential client originally obtained in her name alone but later deeded to herself and the decedent as husband and wife to create community property.

The Credit Union has already advised the potential client to use a Small Estate Affidavit for the Credit Union account.  Can she use the Small Estate Affidavit for the cash and file a Lack of Probate Affidavit to show that she is now the sole rightful owner of the house?

The Small Estate Affidavit requires that the decedent’s probate estate not exceed $100,000.  Since the Community property real estate (valued at over $100,000) should transfer by operation of law, is it accurate to use the Small Estate Affidavit and state that the non-probate estate is less that $100,000?  Is it acceptable to use both the Small Estate Affidavit for the liquid asset and the Lack of Probate Affidavit to clear up title to the real property in this case?

Thanks in advance for any advice.

Kristina



Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | P.O. BOX 87625 | Vancouver, WA  98687
Phone: (360) 695-0535 |  Kristina at devore-law.com




This email message is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521.  Unauthorized review or distribution of this email message is strictly prohibited.  This e-mail message is intended for the exclusive use of the person or persons to whom it is addressed.  This email message may contain information that is privileged and/or confidential. If you believe that you have received this message in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  Do not disseminate this e-mail and destroy the original e-mail and any copies. If you have received this communication in error, please notify us immediately, and destroy the original message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181010/32fa577c/attachment.html>