[WSBAPT] CPA and affid. vs probate

[Joshua McKarcher]

Inspired by the wonderful RCW 11.28.330 (https://app.leg.wa.gov/rcW/default.aspx?cite=11.28.330) and .340 following it, and assuming the CPA leaves all separate and community property to surviving spouse:

Both avoid the entire debate about what property is what; AND don’t open a full probate with unneeded Letters, etc. Rather, record the CPA (without deeds and REETAs and such confusions YET); petition for an order of intestacy; recite in the petition the existence and recordation of the CPA (note county, instrument number, and date, etc.); recite the distributive shares as 100% to surviving spouse and 0% to children et al. pursuant to the CPA; get order of intestacy ex parte; serve notice WITH copy of recorded CPA; recite in certificate of service for notice that it included the copy of CPA.

Dare your non-spouse heirs to do something within four months. Only a lawyer who thought they could beat the CPA would waste their time.

If all debt is likely community (or not worth fighting as being otherwise), not sure there is much value in publishing notice to creditors.

Unless there is a rush to file “affidavit in support of CPA” with death certificate and legal description and REETA (to clear title to real property in surviving spouse’s name), just wait for that step. Do it after four months have passed given the absurd $225 fees. Don’t risk having to re-record and blow another $225 — unless it is urgent to do “step two” to clear title.

Have fun! Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Stephen Brandli <steve at brandlilaw.com>
Sent: Wednesday, October 6, 2021 5:20 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] CPA and affid. vs probate

Except that the house is a nonprobate asset, right?

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, October 6, 2021 3:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] CPA and affid. vs probate

I recommend a probate with notice to all kids and the world.  Forces stepkids to put up or shut up and forces creditors to show up or hold their thoughts.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

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 Josh Grant
Sent: Wednesday, October 6, 2021 2:41 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] CPA and affid. vs probate

Is there an argument that doing a probate (letters of Adm) could be better for surviving spouse rather than simply recording the CPA and a death certificate and accompanying affidavit to clear title because of existence of CPA?  This client has community real property in two counties.  No other assets need help, unlikely there will be any creditors, there are children of each spouse and no children in common, and there is no Will.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211007/f1773298/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211007/f1773298/image001.png>