[WSBAPT] King County Lack of Probate Affidavit?

Fri Sep 17 17:57:22 PDT 2021

I recently did this in Island County as well.  The property was clearly community property (and was acquired decades ago by decedent and surviving spouse as husband and wife).  There was no CPA.  Per the Auditor, we recorded a LOPA and certified copy of the decedent’s death certificate.  No REETA.

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Inge A. Fordham | Attorney
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of David Faber <david at faberfeinson.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, September 17, 2021 at 4:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] King County Lack of Probate Affidavit?

It's incredible hearing the vast differences in procedure from county to county under what is ultimately an issue of state law. Jefferson, Clallam, and Kitsap Counties all accept LOPAs to remove a deceased spouse, provided a death certificate is attached and recorded (which was what I'm attempting to do). Up until last year, I had never had to even submit a REETA for processing a LOPA. Yet now I'm hearing people talk about having to probate a deceased spouse's estate even if the vesting deed references the community property character. Oh well, time to give my client some bad news.

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

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On Fri, Sep 17, 2021 at 3:37 PM Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>> wrote:
That is where county specific knowledge is quite helpful. I have almost exclusively recorded them as an attachment to the CP (LOP) Affidavit for years here in King County. No problems yet.

Heather

Heather S. de Vrieze
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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 Jane Bitz
Sent: Friday, September 17, 2021 3:11 PM
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?

I would add that the Death Certificate should be recorded as a separate document at the time the Lack of Probate Affidavit is filed. There is a separate fee, but it is nominal and was not increased when the latest round of increases went through. In Spokane County, the Auditor won’t let us “attach” a Death Certificate to a CPA or LPOA.
Jane.

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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 Heather de Vrieze
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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?

I agree with Mike. I use affidavits with a death certificate copy attached frequently in two circumstances.

1.      A community property agreement was in place to confirm all assets to surviving spouse and we want to demonstrate for the record that one spouse has died and the terms of the agreement come into effect. The Community Property (Lack of Probate) Affidavit I record at that time confirms ownership in the surviving spouse and likely resolves questions a title company may have later when survivor or their estate is selling or refinancing.

2.      Where property is being sold or mortgaged by a surviving spouse or their estate and the title company requests the lack of probate affidavit to insure title (without probate) in the survivor or new owner. The title company usually records these, or will record a short form of it.
In most other circumstances I believe that probate is the proper way to clear a deceased spouse off of title and transfer ownership to the survivor. It is not a mechanism of transfer under the law.

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 Mike Zeno
Sent: Friday, September 17, 2021 11:57 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?

David, I don’t think you can do what you want to do, which, if I understand it correctly, is to convey the decedent’s interest in community property to the surviving spouse using a Lack of Probate Affidavit in lieu of doing a probate and having the PR give a PR’s deed.  When the surviving spouse conveys to a third party, then the Lack of Probate Affidavit would probably suffice for the title company to insure the conveyance—and you would be furnishing the Lack of Probate Affidavit at the time of the sale, at which time it could be recorded with the deed at closing (which is what the excise tax desk expects).

There may be a work-around I’m not aware of…

Mike

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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 9:59 AM
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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