[WSBAPT] Lack of Probate Affidavit with Will

[Mike Winslow]

Check out the attached that was posted to this list last February by Nick
Pleasants. The information is correct, although the author is unknown to me.
Typically, title companies accept these Lack of Probate Affidavits (LOPA),
if you use the long version. I posted my form to the list recently. I record
the Will and the Death Certificate most of the time.
 
Some counties will require you to file a Real Estate Excise Tax Affidavit
(REETA)  as a condition of recording the LOPA. Others do not. I am working
on a matrix to address this, but have not had time to complete it. I don't
know if your county requires the REETA. Check with your Treasurer and
Auditor.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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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'
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:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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