[WSBAPT] Adding Spouse to Probate

[Timothy Lehr]

I’ve also successfully filed a motion in the existing probate requesting an Order setting out that the property passed to the surviving spouse on the death of the first spouse (would need to be supported by either CPA, predeceased spouse’s Will, or intestate succession). I add language in the Order that clears title in surviving spouse and allows PR to sign deed on behalf of surviving spouse and distribute proceeds according to surviving spouse Will or intestate.

The title company has always been willing to insure title when they have a Superior Court judge’s order. I’m happy to share any pleadings if you would like.

Tim

Timothy C. Lehr
Attorney at Law

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From: Heather de Vrieze <heatherd at westseattlelaw.com>
Sent: Wednesday, November 3, 2021 4:06 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
Attorney-at-Law
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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 Amy Goertz
Sent: Wednesday, November 3, 2021 9:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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 -

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