[WSBAPT] Lack of Probate Affidavit with Will

[Kailei Feeney]

File the will and then reference the will filing cause no in your affidavit. (Requirement to file the Will: RCW 11.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010> Duty of custodian of will-Liability.)
If there is a community property agreement (sounds like a no), use a coversheet to record it in the county where the real property is located, and reference that number in the affidavit. If not, recite the appropriate facts about how and when the couple bought the property.
Record the lack or probate affidavit in the county where the property is located with a (redacted) certified copy of death certificate.
In my experience, then yes, title companies are later honoring these at sales. Some may still require their form to be completed (and retained in their file). Based on length of time to sale/ if less than two years (RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> Claims against decedent-Time limits) other seem to still ask for confirmation that all debts have been paid or provided for, although your form should have some variation of that addressed.
There is also no harm to customizing the form to remove all parts not relevant for a less burdensome document as you indicate your form seems to be.
Kailei
Kailei B. Feeney
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <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
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