[WSBAPT] quit claim deed question

[Paul Neumiller]

If the surviving spouse records the CPA and a death certificate, what is to be gained by preparing and recording a Lack of Probate Affidavit?  It was my understanding that the recording of the CPA and the death certificate transferred the real property to the surviving spouse automatically via statute so isn't the possible existence or lack thereof of a probate irrelevant, at least from a title standpoint?


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Friday, December 18, 2020 2:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] quit claim deed question

I do not see an advantage in recording a deed into the client.  Assuming the CPA is appropriately drafted and executed, recording the CPA, death certificate and Lack of Probate Affidavit would have the same result at a lower cost.

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>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sharon Rutberg
Sent: Friday, December 18, 2020 10:45 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] quit claim deed question

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>
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