[WSBAPT] Recording Community Property Agreement

[Heather de Vrieze]

Lovie,

If one property is being sold, be prepared to give the CPA to title/escrow at closing. Title will likely require a death certificate they can record as well, and generally has the surviving spouse sign a community property lack of probate affidavit.

If the other property is in the same county, as Mark said, title will pick this up later, when that property is being disposed of (or borrowed against). If it is in a different county, the documents will need to be recorded there as well.

When property is not on the verge of being sold, I record these three items (CPA, LOP Affidavit, Death Certificate) as follows:
First:    CPA with a  coversheet referencing the deceased spouse as grantor, the survivor as grantee, and listing the legal description of the property and tax parcel numbers.
Second: Lack of Probate affidavit with essentially same coversheet information, but also referencing the recording number of the CPA on this coversheet. I attach a redacted copy of the death certificate to this document, redacting SS#, mother's maiden name, and similar sensitive information.

Also, don't forget to file the will (will only for $20) even if there is no probate. I will usually include the case number for the will filing in the LOP affidavit.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Tuesday, October 13, 2020 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Recording Community Property Agreement

Dear listmates,

For the first time, I have an estate which will be handled with a community property agreement. Do I simply record a copy of the CPA and a certified copy of the death certificate? There are two pieces of real property in the estate. Do the recording numbers of the properties need to be referenced on the cover sheet? One is being sold and the other retained. Thanks in advance.

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
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