[WSBAPT] Adding Spouse to Probate

[Heather de Vrieze]

Have you already tried clearing pre-deceased spouse from title with a CPA and death certificate? Is this a testate or intestate pre-deceased spouse? Is the property being sold, or kept in the family? How long ago did first spouse die?

I’m not sure that going back to add the spouse to the probate is particularly useful, or tidy. Depending on answers to the questions above, I would consider a Lack of Probate Affidavit, a simple probate (open, deed, close) or an adjudication of testacy/intestacy and heirship before I tried to convert existing probate to a joint probate.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D7D0CC.C07A5F30]
3909 California Avenue SW
Seattle, WA 98116-3705
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www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Wednesday, November 3, 2021 9:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Adding Spouse to Probate

Good morning, listers,

I opened a probate recently and have now discovered that the house is in the pre-deceased spouse’s name.

Can anyone point me to a statute or does anyone have pleading to add a spouse to an ongoing probate?

I would appreciate if I don’t have to re-invent the wheel.

Thanks in advance for your consideration -

[cid:image003.gif at 01D7D0CC.C07A5F30]


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<http://www.goertzlambrecht.com/>







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