[WSBAPT] quit claim deed question

[Sharon Rutberg]

Hello, listmates -

Surviving spouse had a community property agreement with her husband, recently deceased, that left everything to the surviving spouse. Decedent also had a LWT leaving everything to her, including a piece of commercial property that he held in his name only.  She would like to use the CPA to avoid opening probate. If  we did that we would record the CPA, death certificate, and maybe also a lack of probate affidavit.

The wrinkle is that she also wants to end up with a deed to the real property in her name - and it appears this might be wise in the case of the commercial property given potential dealings with third parties. Short of having her quit claim the property to herself, I don't see a way to get her on the deed without opening probate and using a PR deed (which would be straightforward to do).

Has anyone dealt with this issue? Is it ever proper for a RP owner to quit claim to herself to clarify title? Or should we just open probate?

Thanks -
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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