[WSBAPT] recording deed in probate

[Heather de Vrieze]

I have never? recorded the letters, but always have to provide them if I want the deed recorded.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mike Winslow <mike at winslegal.com>
Sent: Thursday, March 26, 2020 4:31:01 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] recording deed in probate


WAC 458-61A-202

(6) Exemptions and required documentation. A transfer of real property through a devise by will or inheritance is exempt from the real estate excise tax for the following types of transfers. Refer to WAC 458-61A-303<https://app.leg.wa.gov/wac/default.aspx?cite=458-61A-303> (Affidavit) to determine if a real estate excise tax affidavit is required to document the exempt transfers. Additional documentation may be required to substantiate each exemption, and must be provided to the county treasurer of the county in which the real property is located and recorded with the county auditor:

(f) Probate. For real property transferred under a probated will, a certified copy of the letters testamentary, or in the case of intestate administration, a certified copy of the letters of administration, showing that the grantor is the court appointed executor/executrix or administrator is required.



The above is the applicable portion of the WAC. In my experience, in several counties, the Treasurer follows the  provided to the Treasurer, but does not require recording with the Auditor. To me, recording is a waste of $$. The purpose of the WAC is to establish the basis for the exemption from Excise Tax for the benefit of DOR and the local Treasurer.

But I see no reason why one could not record the Letters, if so inclined.





Michael A. Winslow

1204 Cleveland Ave.

Mount Vernon, WA 98273

Ph. 360-336-3321

Em. Mike at winslegal.com



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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, March 26, 2020 3:50 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] recording deed in probate



Hope you are all being safe out there.  I have a couple of questions about recording deeds in probate.



1- Recently client took a deed to Snohomish County to record in a probate, together with the Letters Testamentary to record at the same time.  I see now that the County did not take the Letters Test. to record but just looked at it and handed it back to him.  The WAC seems pretty clear it should have been recorded too.  Is it discretionary with the recorder at the desk, or was that the mistake of the recording clerk, which we need to fix…?



2- When the Letters (with cover sheet) get recorded, I thought it required the full recording fee ($103.50 + $1 pp), just like a deed, but another attorney just told me she thought it was a lesser fee for the Letters.  The recording dept site looks like it is the full fee….  correct?



Thanks!



Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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