[WSBAPT] Lack of probate affidavit question

[Heather de Vrieze]

I have found that Lack of Probate Affidavits work well as a proactive measure in community property situations, where there is a community property agreement, etc. (where I also title them Community Property Affidavits). Beyond that, I find them to be requested/required by title companies when we are cleaning up situations where a probate should have been done, but wasn’t, often years after a death.

I agree with the assessment that a probate is the appropriate way to handle this to ensure an effective transfer and protect your client.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Vohr
Sent: Thursday, June 17, 2021 9:45 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lack of probate affidavit question

Suzanne – I’ll take a shot at this, but I can’t answer all of it.  If you have to open a probate in Washington, our courts handle ancillary probates exactly like a regular probate.  So, you should be able to avoid reopening the probate in CA to administer real property in Washington.  There should be a pretty efficient way to address the property in Washington if a probate is opened to allow the transfer to one sibling (e.g. TEDRA Agreement along with the Probate).

What I don’t know (an have never fully understood) is the efficacy of a lack of probate affidavit on transferring real estate in Washington.  It is my understanding that the fundamental question is whether or not a title company will recognize the transfer and issue insurance at a subsequent sale.  This is really a question for the real property attorneys (which I am not…) or a title company.  Hopefully one of these folks could chime in or post to the Real Property Probate and Trust List serve.

Regards,

Mark

Ohana Fiduciary Corp.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Suzanne Lieberman
Sent: Thursday, June 17, 2021 9:25 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lack of probate affidavit question

Hello,

(Giving this question one more shot). PC is an adult on SSI whose sibling, who was the PR for the probate in California, where most of the assets were held, closed probate in that state a few months ago. 3 siblings are only beneficiaries of decedent mom's estate in will, with everything split equally.

All creditor claims have been paid (decedent died in January 2019), and now client wants to see if she can do a lack of probate affidavit for the house in WA where she currently resides (not called out in will). No probate has been opened in Washington.The siblings want to give her their shares of the house. We would need to set up a SNT for the client for the CA proceeds and for the WA house.

The question is whether we can do a LOPA for the WA property or whether an ancillary probate (or full probate minus the creditor claim period) needs to be opened here (and CA probate reopened?), and whether PC can hire us to do this or whether it needs to be handled by the sibling PR in California.

Sincerely,

Suzanne Lieberman
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