[WSBAPT] Lack of Probate Affidavit

[Jennifer L White]

Hi Amy,
I believe this path will work: Prepare a Deed from deceased to inherited owner; and then follow the instructions on the inheritance exemption WAC 458-61A-202. It lists lack of probate affidavit and the accompanying documents and criteria to meet the ETA exemption. Here is a cut and paste of the guts of it:
(i) Nonprobated will or operation of law. If the property is transferred to one or more heirs by operation of law, or transferred under a will that has not been probated, but absent the documentation described in (a), (b), (e), (f), or (g) of this subsection, a certi[1]fied copy of the death certificate and a signed lack of probate affi[1]davit affirming that the affiant or affiants are the sole and rightful heirs to the property are required. When the property is transferred and the decedent-transferor also inherited the property from his or her spouse or domestic partner, but never transferred title to the property into the decedent-transferor's name, the transferee(s) must provide: (i) A certified copy of the death certificate for the decedent[1]transferor; (ii) A certified copy of the death certificate for the spouse or domestic partner from whom the decedent-transferor inherited the real property; and (iii) A lack of probate affidavit affirming that the affiant or affiants are the rightful heirs to the property.
Good luck!

Jennifer L. White, Esq.
[cid:image001.jpg at 01D78463.6D71C400]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Thursday, July 29, 2021 9:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lack of Probate Affidavit

Does anyone have a solution for this other than opening a probate?



On Jul 28, 2021, at 10:54 AM, Amy Goertz <amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>> wrote:

I just received a Lack of Probate Affidavit and Excise Tax form rejected by the Spokane County Treasurer.

The rejection letter cites RCW 64.04.010 and states, "Lack of Probate will not be accepted as a conveyance document.”

I know this was discussed recently - does anyone have a workaround?

The decedent was an Arizona resident and there is no other reason to do a probate .


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.goertzlambrecht.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=00-3gUb2q0B4m9I4YnApAzrwHKP-mztajJNCXAnEliQ&s=C3l4L308Qzd2ziI7QpGCNLJynn0euwWSK312NRU3KX8&e=>







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