[WSBAPT] Lack of Probate Affidavit and Small Estate Affidavit

[Jeff Davis]

If you do a Lack of Probate Affidavit for the surviving spouse, will the real property receive a step up on basis?

 

Jeff Davis

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Wednesday, October 10, 2018 3:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lack of Probate Affidavit and Small Estate Affidavit

 

I would feel comfortable advising the client that SEA is an option under those circumstances.

 

The option is not entirely risk-free.  Is the community real property passing via lack of probate affidavit “subject to probate” under 11.61.010(2)(c)?  If so, this may not be the appropriate procedure.

 

But it is a small amount in the bank account, the bank is a willing participant and the benefit to the client outweighs the risk.  

 

Andrew Hay

Hay & Swann PLLC

201 South 34th Street

Tacoma, WA  98418

Phone: (253) 272-2400

Fax:     (253) 267-8947

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

 

 

THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kristina devore
Sent: Wednesday, October 10, 2018 2:46 PM
To: WSBA Probate & Trust Listserv; WSBA Real Property Listserv
Subject: [WSBARP] Lack of Probate Affidavit and Small Estate Affidavit

 

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 <mailto:Kristina at devore-law.com> 

 

 

 

 

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