[WSBAPT] Succession/Lack of Probate Affidavit

[Kailei Feeney]

Hi Jacob,

We are still sending both LOP affidavits and community property agreements to record successfully in King County.

Coversheet with title of Lack of Probate Affidavit, Grantor, Grantee, parcel number, full legal and referencing the prior deed of record. In the affidavit, we recite there is an attached certified copy of death certificate.

Agree its an informational filing (but with full legal on the coversheet we are paying the deed record price) and NOT a conveyance, simply to make later conveyances smoother.

Our affidavit simply marches down the statue requirements but I'm happy to send you a recent coversheet offline if you want to compare to yours? However, it is sounds like the issue may be overstepping that borders on the practice of law, as Mr. Winslow indicated.

Kailei
Kailei B. Feeney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jacob Menashe
Sent: Thursday, September 06, 2018 9:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Succession/Lack of Probate Affidavit

Hello all,

I am looking for some thoughts about recording a succession/lack of probate affidavit. I am particularly concerned about the situation in King County, where I've seen a rejection that said in all caps (which I won't do):

Cannot use affidavit lack of probate as a conveyance document. Please review appropriate WAC codes available and resubmit a conveyance document i.e., conveyance language that specifically transfers property to the surviving spouse or heir. Thanks.

We followed the specifics in excise tax WAC 458-61A-202 that specifically addresses lack of probate affidavits, that requires the death certificate be provided when recording - which we did.

Can folks out there shed some light on this issue, both for King County and elsewhere, and perhaps suggest what we may need to do?

Thanks!

Jacob


Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 202
Lynnwood, WA 98036
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