[WSBAPT] "Lack of Probate Affidavit" & QCD

[Roger Hawkes]

John: seems to be that lopa should be uniform; they are not difficult; why not have a statutory form?

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Wednesday, November 13, 2019 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD

I think you should ask to talk to a title officer, who will probably ask for the client to complete and sign the  title company’s own lack of probate affidavit (which indemnifies the title company).  They should then be willing to insure a sale/encumbrance by the heir.

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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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