[WSBAPT] Adding Spouse to Probate

Wed Nov 3 16:23:13 PDT 2021

I agree with Heather. This is where you want to develop a relationship with a title insurance company. Most of them will prepare a preliminary commitment for attorneys at no charge, and then you just ask them what is required to vest it into the surviving spouse. Usually a Lack of Probate Affidavit and Death Certificate, copy of the Will, Community Property Agreement if available, or some combination of those documents will get the job done. Once you’ve done that leg work, it is imperative that the realtor understands you already have a title commitment at a particular company and want that to be in the listing so the buyers are aware of that.
That is assuming the PR is intending to list the house for sale. If it is going to stay in the family, then you may or may not want to buy a new title insurance policy. If not, then possibly I would probate the first spouse’s estate as well, so it transfers by PR Deed to second spouse, and then PR for second spouse can transfer by PR Deed to relative. That way if relative eventually goes to sell, there is a really good paper trail and it shouldn’t be an issue. I’ve occasionally ran into problems when only a LOPA was used, and now the grandchild wants to sell grandma’s house, and title company is asking for an Affidavit that grandma’s estate was not subject to estate tax or Medicaid liens, and we have no personal knowledge of that. So I tend to think a second probate or purchase of title insurance is worth it if the house might be staying in the family for a long time.
Best,
Nick

Nicholas Pleasants
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, November 3, 2021 at 4:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Adding Spouse to Probate

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
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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 01D7D0CF.19160480]

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
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