[WSBAPT] Real Property in Oregon - H&W

[Philip N. Jones]

No probate needed in Oregon.  Both are survivorship properties.  No need for an affidavit from wife.  No rush in recording the DC.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Donna Calf Robe
Sent: Friday, May 22, 2020 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Property in Oregon - H&W

Greetings:
I’m representing a wife as PR in a Washington probate for her deceased husband.  She and her husband were OR residents but the probate was opened in WA for various reasons and they have assets in Washington.  They also own 2 parcels of real property in Oregon.  One deed identifies them as “tenants in the entirety” and one as “husband and wife”.  Am I correct that both parcels pass to the surviving spouse on the death of husband and all that is required is the recording of a certified DC, and an OR probate isn’t needed for the transfer?   The recorders sites calls for a short form DC.  Is it advisable to also file an affidavit of surviving spouse?  The husband had a Will admitted to probate in Washington that left everything to wife.
Thank you,

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com<mailto:donnac at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
[cid:image001.jpg at 01D3393F.04BE7570]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200522/f27681a6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3164 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200522/f27681a6/image001.jpg>