[WSBAPT] "Lack of Probate Affidavit" & QCD

[Heather de Vrieze]

I don’t disagree with the other responses so far to this query, but I find that most title companies will accept a LOPA to clear title in certain situations, so that heirs can sell property, but, usually only if enough time has passed.

If it is possible that there are still creditors, other potential heirs, etc. why would the title company accept less than a full probate and court appointed Personal Representative transferring the property?

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, November 07, 2019 4:33 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Lack of Probate Affidavit" & QCD

Client is the only beneficiary from his brother under a LW&T. Decedent Never had kids or spouse. Brother is the only heir at law.
So we recorded a Lack of probate affidavit with a copy of a LW&T.
I just ordered a title commit.  and they listed the lack of probate affid. as being recorded and then said “We note that the affidavit purports to convey title to Brother.  Said document contains no conveyance language.  This company requires a Quit Claim Deed be recorded to perfect title.”  An QCD from who?  The decedent can’t sign anymore.

The affid. said in part: “Decedent left a Last Will and Testament which has not been probated or revoked, a copy of which accompanied this document, for review by the Treasurer.  This will provides for the distribution of all of the Decedent’s estate to brother and Affiant,”

I thought this was what a lack of probate affid.  is intended for.

thanks

Josh
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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