[WSBAPT] King County Lack of Probate Affidavit?

Candace Wilkerson cwilkerson at wongfleming.com
Fri Sep 17 10:18:15 PDT 2021


Interesting. I’ve recorded the LOPA multiple times in King County for that purpose.  I didn’t have to record a Quitclaim Deed.  In King County, it seems to be all about which clerk you get.  Maybe ask to speak with a supervisor.

Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Friday, September 17, 2021 12:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] King County Lack of Probate Affidavit?

I tried to file a Lack of Probate Affidavit in King County on a deceased spouse, removing them from the community property. It just bounced back with a statement from the County that they will not accept Lack of Probate Affidavits for transfers of property, and instead that they accept them for recording as documentation when recording a deed pursuant to an inheritance. Am I correct in presuming that they are stating the surviving spouse needs to also sign a Quitclaim Deed to themselves and use the Lack of Probate Affidavit and death certificate as a supporting document in lieu of Letters? If so, would someone  please either confirm or refute that King County processes the LOPA+Death Certificate as an attachment or if I have to process those in some other way?

Thank you!

David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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