[WSBAPT] Testamentary Plat for ADU?

[Jennifer L White]

Hello Listserv:
Is it possible to successfully separate an ADU from its "mother" property by way of a testamentary plat?
The ADU is fully permitted and "legal" to all code for such dwellings. It's situated away from the main house on one corner of the "mother" property. A traditional short plat is not allowed by the jurisdiction where it is located.
Would both properties, once separated following death through a proper probate, be able later to be regularly sold to third parties by typical method (i.e. title insurance & lender financing)?
I know that you can use a testamentary plat and basically "cram down" getting the separate lots BUT you may not be able to build/develop them if they don't otherwise meet building/health dept code. In this instance, both would be fully built out/developed by the time the testamentary plat was implemented.

Any thoughts would be appreciated. If any of you have successfully done this, I would like to have a consultation.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D71A6E.893DEA60]

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

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