[WSBAPT] Lack of Probate Affidavit non-resident

[Timothy Lehr]

All,

PC lives in Oregon. PC's mother was also a resident of Oregon and passed away in Oregon, but she owned a property in WA. Probate was opened for PC's mother many years ago (90's) with a Will that leaves everything to PC, but the WA property was never delt with for one reason or another and the probate was administratively closed for inactivity. Now, PC is older and sick and wants to get the property into her name to deal with before she passes away.

Is it possible to do a lack of probate affidavit to transfer WA property for an out-of-state decedent and out-of-state heir, when probate was opened and closed? This is the only remaining asset of decedent to deal with and I'm hoping to avoid opening a new probate. WAC 458-61A-202 doesn't seem to mention any requirement that the decedent or transferee be WA residents, but want to make sure I'm not missing anything.

Thanks!

Timothy C. Lehr
Attorney at Law

[cid:image003.jpg at 01D7B47F.654E3730]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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