[WSBAPT] Affidavit of Lack of Probate - Dealing with Separate Real Property

[Jeff Davis]

Listmates:

 

Client was in a long term (28) year committed relationship.  Husband (for
lack of a better term) died.  His Last Will & Testament leaves everything to
the surviving Partner ("Wife.")  House is only in Husband's name as his
separate property.  Recently we have seen title companies accepting recorded
Affidavits of Lack of Probate ("ALOP") to remove the deceased spouse's name
from title, which was taken as "Husband and Wife."  Obviously, in the
husband and wife title setting, the surviving spouse already has a deeded
interest in the property.  Here the surviving partner has no interest in the
property but for the Will.

 

Would a "ALOP" that attaches the Will work or is probate an absolute
necessity.

 

Jeff Davis

 

 

 

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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