[WSBAPT] Curious sale of house without probate

Wed Sep 29 11:10:38 PDT 2021

That seems, what’s the word I’m searching for, unwise?  Who would actually sign the deed?  All of them?  And if there is a surviving spouse the whole issue of community property rights and family allowance comes in (and I think the later is a 2 year claim period).

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karl Flaccus
Sent: Wednesday, September 29, 2021 10:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Curious sale of house without probate

We represent a beneficiary of an estate that goes not as per the intestacy statute, that is, the will leaves everything to the kids and the grandkids.  The house is on the market and supposedly has a buyer, without probate being opened. The realtor says, “I’ve done this before” (i.e. sell a house “following the will” without a probate where “everyone signs off on it”).  The unappointed out of state PR says he has no intention of opening a probate and will follow his realtor’s advice.  Apparently the title insurance company will do this if everyone indemnifies them.

There are obvious liability issues, creditor claim issues, etc.

Is this a new thing that is happening?

Thanks.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

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