[WSBAPT] recording of Letters

Thu Apr 14 14:42:07 PDT 2022

"Additional documentation may be required to substantiate each exemption, and must be provided to the county treasurer of the county in which the real property is located and recorded with the county auditor:"

What the heck does that mean?  It MAY be required, but if required then it Must be provided and recorded?  Does this mean that it may be different from County to County?  In other words, a person does not need to record the letters IF the county does not require it?  BTW, Island County does not require it to be recorded but requires it to be provided and in the words of my local assessor, "thrown in the file."

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Thursday, April 14, 2022 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] recording of Letters

Yes, it is in WAC 458-61A-202:

(6) Exemptions and required documentation. A transfer of real property through a devise by will or inheritance is exempt from the real estate excise tax for the following types of transfers. Refer to WAC 458-61A-303<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FWAC%2Fdefault.aspx%3Fcite%3D458-61A-303&data=05%7C01%7C%7Cfc9a0245011f4d32de9b08da1e5e86a2%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637855688593942262%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NIdd%2F83sJrM1PrAh%2BwhJ2BIchhjizRGqkrXzPQ%2BBAcQ%3D&reserved=0> (Affidavit) to determine if a real estate excise tax affidavit is required to document the exempt transfers. Additional documentation may be required to substantiate each exemption, and must be provided to the county treasurer of the county in which the real property is located and recorded with the county auditor:

(f) Probate. For real property transferred under a probated will, a certified copy of the letters testamentary, or in the case of intestate administration, a certified copy of the letters of administration, showing that the grantor is the court appointed executor/executrix or administrator is required.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F105275%2FRecording-Fee-Schedule-Effective-Jul-25-2021-&data=05%7C01%7C%7Cfc9a0245011f4d32de9b08da1e5e86a2%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637855688593942262%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=UhPDRc215D8L5tBloE5IIjn6j1yzdOjUwHFUXHjFEVw%3D&reserved=0>. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

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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 Diane J. Kiepe
Sent: Thursday, April 14, 2022 2:18 PM
To: cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] recording of Letters

Here in Spokane County we have been submitting Letters in all such transfer - it is actually in the WAC or RCW I believe.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Robert R. Cole
Sent: Thursday, April 14, 2022 2:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] recording of Letters

We are now being told by a local  excise department that we must record the Letters to record a deed from an estate to the beneficiary.  They say DOR requires it.  Never had to do that before....  What say you?

--
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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