[WSBAPT] Probate Question

[Jeff at bellanddavispllc.com]

Amy,

 

I do not believe you can avoid probate for the father using an affidavit of lack of probate.  Assuming you cannot find the witnesses to prove a lost Will, and assuming the two adult children are the only heirs, I would open a joint probate for husband and wife.  That way a proper deed can be issued to the home buyer and the monies disbursed to the two children.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Felt
Sent: Tuesday, February 15, 2022 12:10 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate Question

 

I have a situation where the wife died a few years ago and the husband stayed in the family home that they have owned for many years (both husband and wife on title).  Husband just passed away.  Two adult kids agree to have one of them continue to live in the paid off family home for the next few years and once the house sells they will divide the proceeds of the sale per the Will. Other than the family home all other assets can be transferred outside of probate.  A probate was never done for the wife when she passed.

 

We have copies of both Wills and a Community Property Agreement, all signed but copies only, originals cannot be located.  

 

Have any of you been successful in having a title company accept two lack of probate affidavits to transfer the house without probate?  If so, any recommendations on a Title Company that may insure Title now or in the future?  Insights would be appreciated.  


 

-- 

Felt Law 

Amy Felt - Attorney

9840 Willows Road NE Suite #200

Redmond, WA 98052

425-780-6103

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PO BOX 2412

Woodinville, WA 98072

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