[WSBAPT] Curious sale of house without probate

[Stephen Brandli]

Remember that any interested party can file the probate petition.  Can even suggest someone else as the PR (i.e. the one named in the will) other than the petitioner.  Makes the named PR commit.  Doesn’t take long.  That’s what I would do.

                Steve

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, September 29, 2021 11:11 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Curious sale of house without probate

Weird. So the out-of-state person, who isn’t appointed but is just named as executor in an unproved “will,” is going to sign the deed? And the title company is willing to insure that merely on the strength of indemnities from the possibly-judgment-proof heirs at law and beneficiaries under the “will”? I find that hard to believe.

I think the realtor is probably conflating this situation with the scenario where a surviving spouse sells the community home more than 2 years after the first spouse’s death. That’s the only situation I can think of where a title company is likely to not require probate of the will.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 Karl Flaccus
Sent: Wednesday, September 29, 2021 10:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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