[WSBAPT] Affidavit lack of probate - transfer and title question

[Heather de Vrieze]

I have found that title companies will, with a lack of probate affidavit, insure later transfer by the surviving spouse if the distribution under intestacy matches what is provided for in the Will and there are no other circumstances which increase their potential risk.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Claudia A Gowan
Sent: Friday, January 7, 2022 11:52 AM
To: wsbarp at lists.wsbarppt.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Affidavit lack of probate - transfer and title question

Colleagues:

I would like to record an affidavit of lack of probate for a SS who's husband had died. They are (were) out of state domiciliaries of a CP state and held their property here as H & W, presumptively CP. Only property here is a house.

?? I have seen reference to the idea that King County does not recognize the affidavit as a way to transfer title.

Is that true? If so, would a title company object to the use of the affidavit on a later transfer by SS for title insurance purposes?

Many thanks, Happy New Year.

Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
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