[WSBAPT] Probate real property transfer

[John McCrady]

The probate case is part of the chain of title, so anyone reviewing the chain of title would examine the probate file and the lack of a conveyance out of that probate may not matter.

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://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Leighann Hansing
Sent: Thursday, April 28, 2022 3:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate real property transfer

Thank you. My question is more how to we make the community property information part of the chain of title if there was no community property agreement and both spouses are now deceased?  Is it good enough to just record a PR DEED signed by the PR of mom's estate? It seems like something would be missing.

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 John McCrady
Sent: Wednesday, April 27, 2022 4:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate real property transfer

It is entirely possible that no "transfer" was necessary.  If there was a will and wife was the beneficiary, or if there was no will and the property was community property, then it is possible that title will be deemed held by the wife alone at the time of her death.
A review of the husband's probate file may resolve all.

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%7Ce2cb8942388246b45e4308da28a7ba50%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637866998098520877%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mKt8UJbpyn8ONHrdNMrX%2BDmQcgM7KCJZ%2F4sAZMQGqZs%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

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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 Leighann Hansing
Sent: Wednesday, April 27, 2022 4:19 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate real property transfer

I feel like this is a relatively straight-forward question but I'm stuck and hoping for help. Thanks so much in advance for your time!

Husband and wife own real property as a married couple.
Husband dies in 1991. The estate is probated. Wife is the PR and presumably the sole beneficiary of the estate. Wife never transfers the title to her name alone.
Wife dies in 2009. PR (daughter) of Wife's estate wants to transfer title by QCD to the appropriate beneficiary (herself).

Since Daughter wasn't PR of Dad's estate, what is the correct method to effect a complete title transfer?


Regards,
Leigh Ann Hansing
Attorney  |  MBA
Mobile: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
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