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

[Bryce Dille]

I'd file the will and the death certificate and then talk to a title company as to whether they would insure based on affidavit. I know Thurston County Title would under those circumstances

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Thursday, March 5, 2020 3:54 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Affidavit of Lack of Probate - Dealing with Separate Real Property

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: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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