[WSBAPT] Testamentary Plat for ADU?

[Bryce Dille]

What you can do is to create two airspace condo units by condoning the property so that each dwelling and the property surrounding it are airspace unit and the common area would be an access driveway
So you end up with two tax parcels. The more liberal ADU ordinance don't prohibit separate ownership of each unit. The same net affect as a short plat. I have done quite a few of these lately.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Tuesday, March 16, 2021 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Testamentary Plat for ADU?

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:image002.jpg at 01D71A72.6550FF80]

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

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