[WSBAPT] Lack of Probate Affidavit with Will

[John McCrady]

My company will review the lack of probate affidavit (we prefer our form, because it indemnifies us) and the will, and make a risk determination as to the insurability of the title.  It is actually a pretty common situation.
In addition, there is a lack of probate affidavit<https://dor.wa.gov/legacy/Docs/forms/RealEstExcsTx/Lackofprobateaffidavit.pdf> on the Department of Revenue's site that needs to be recorded along with a certified (and redacted) copy of the death certificate.  (See RCW 82.45.197)<http://app.leg.wa.gov/RCW/default.aspx?cite=82.45.197>


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Wednesday, September 26, 2018 2:42 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lack of Probate Affidavit with Will

Listmates,

Client's spouse died.  Decedent had a Will leaving everything to surviving spouse.  SS does not want to probate.  House is in both spouses names as husband and wife.  I have a  three page, single spaced, Lack of Probate Affidavit form that goes into great detail, and a must shorter form.  Each has a box to check whether the decedent left a Will.  What has been your experience in using these forms when a Will exists?  Are Title Companies accepting these affidavits as akin to a Community Property Agreement, especially if you record the original Will with it?

Jeff

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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