[WSBAPT] Transfer of house during probate - 2 heirs, 1 wants house - Deed?

Josh Grant jgrant at accima.com
Thu Sep 9 13:36:25 PDT 2021


In my experience this is very hard to accomplish unless there is cash equal to the value of the house in the estate.  If you deed it to both heirs, then both heirs have to borrow in order to get any money.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Kirsten Samwel 
Sent: Thursday, September 09, 2021 1:18 PM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Transfer of house during probate - 2 heirs,1 wants house - Deed?

Listmates, 

I have a probate where the two heirs are also the Co-PR's.  The main asset of the estate is the house.  The heirs have agreed that one of them will get the house and will buy the other heir out.  Problem is, the house needs a lot of work prior to the person getting the house being financed for it.  The one heir needs to be protected as to his monetary interest in the house and the heir getting it needs to get it in his name for financing.  They do not want to keep the probate open until the house is ready for financing, so I was wondering, if I did a Quit Claim Deed from the Estate (the house is paid for) to the two heirs as joint tenants with right of survivorship, would that protect the heir getting money as well as the heir getting the house, or does someone have a better way to do this?  Any and all thoughts or suggestions will truly be appreciated.  Thanks in advance.   
Kirsten A. Samwel
Attorney at Law
Samwel Cousineau, PC
700 W. Evergreen Blvd.
Vancouver, WA  98660
Ph:  (360)750-3789
Fax:(360)750-3788
kirstensamwel at gmail.com

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