[WSBAPT] King County Lack of Probate Affidavit?

[Jennifer L White]

I find it ironic that this is the last statement on the bottom of the “Guideline” – and here we all are attorney’s on this list trying to figure it out. LOL
“As stated previously, we strongly advise you to seek the advice of an attorney to review your specific situation and needs before changing or updating your real property title ownership.”

Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of cyfield at rockisland.com
Sent: Friday, September 17, 2021 10:49 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] King County Lack of Probate Affidavit?

FWIW, I’m wrestling with a similar issue in San Juan County. Client and her former attorney filed LOPA years ago with death certificate. However, per attached new county guidelines, Assessor’s office won’t add her name to their records w/o a letter (at least they aren’t requesting a title report per county’s  stated policy) from title company saying they’ll honor LOPA. Chicago Title says they won’t issue letter until a sale is pending (at that point issue is effectively moot) and I am waiting to hear back from another title company. It’s odd there is a REET exemption for recording a LOPA but that isn’t good enough to get your name on the tax rolls. Curious how others have dealt with this? Thanks, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone: 360-472-1223
Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214, Friday Harbor, WA
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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 Candace Wilkerson
Sent: Friday, September 17, 2021 10:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] King County Lack of Probate Affidavit?

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

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

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9840 Willows Road NE, Suite 200  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>


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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 David Faber
Sent: Friday, September 17, 2021 12:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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