[WSBAPT] Out of state real property (again)

[Joshua McKarcher]

Based on my experience with Florida I would do an RLT to avoid probate there. If I’m doing one for other valid reasons, then I would get the entire estate as “probate proof” as possible and therefore file the $15 deed to transfer the Idaho property to trust as well, for simplicity and uniformity.

If these are separate clients, however, the Idaho real property — standing alone — is not reason to implement an RLT. Idaho has a wonderful statute that allows a PR from another state to file — for all of $27 — a short pleading attaching certified copies of the order of probate/administration and letters testamentary/administration in the court in the county where the real property is located.

That PR may then sign and record a deed to transfer the property out of the estate. Title companies insure the sale if it is one , and it’s slick as a whistle!

We’ve helped a few such Washington PRs achieve that from our border practice here in Clarkston, WA; or Chris Moore and Paul Burris across the river in Lewiston, ID, could achieve that “with their eyes shut.”

Hope that helps! Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mike Zeno <mikez at zenolawfirm.com>
Sent: Thursday, February 3, 2022 4:43:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Out of state real property (again)


Dear all:



I am preparing testamentary documents for two clients—both Washington residents--who own out-of-state real property.  One in Idaho and one in Florida.  What I think of as the conventional wisdom is that in this situation you use a revocable inter vivos trust to avoid ancillary probates.  Is what I think of as the “conventional wisdom” really the conventional wisdom?  I’m interested in how people would handle this situation.



Mike



The Law Office of G. Michael Zeno, Jr., P.S.

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