[WSBAPT] community RE and deceased spouse

[Doug Owens]

Dear list mates, I have a client whose father passed away about five years ago having executed a will leaving his estate to his wife, including a Seattle residential property.  No probate was commenced at his death.  A few months ago the wife died and the property is still in both their names.  No community property agreement was signed.  There is a probate for the estate of the wife.  Is a probate needed now of the deceased husband’s estate to allow the client who is personal representative under both wills to convey title to herself as the sole heir of both her mother and father?  It does not seem that the no probate affidavit route will work when there was not a community property agreement.  Thank you for your views.  Yours truly, Doug Owens