[WSBAPT] Question regarding transferring real property (please see fact pattern)

[John Yip]

Assume the following hypothetical:

* Mr. X contracted with Mr. Y to sell real property ("Property") to Mr. Y
upon Mr. Y's payment of a certain sum.  Assume there is a recorded document
to this effect.

* Mr. X passed away without transferring the property via Deed.

* Mr. X's child (and apparent heir), "Jack X," submits an Affidavit of
Non-Probate (i.e. a small estate affidavit) for all of Mr. X's assets,
including ostensibly the Property.  (However, small estate affidavits do
not apply to real property per my research of RCW 11.62)

* Mr. Y subsequently pays the agreed upon sum to Jack X, as the claiming
successor to Mr. X.

* Jack X fails to convey the Property to Mr. Y.

* No probate has ever been started for Mr. X, though his will was filed of
record.

* Also, Jack X is incommunicado and his present whereabouts are unknown.
Prior service attempts on him have failed.

The goal here is to effectuate the conveyance of the Property from Mr. X to
Mr. Y, since Mr. Y already paid for the property.  My plan, based on my
research, is to start a probate on the Will of Mr. X, with Jack X as the PR
per Mr. X's Will.  Then, we will have to serve Jack X as PR of the Estate
of Mr. X via publication or otherwise.  If Jack X does not respond, then we
can move for a default judgment.

Your thoughts on my plan?  I just want to get a second opinion on my plan,
especially in light of the somewhat unusual situation, and make sure I am
not missing something key or a more expeditious way to achieve the goal.
Thanks.

John
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