[WSBAPT] Award to Surviving Spouse without Probate?

[Eric Nelsen]

Yes, the statutes definitely allow that. Under current TEDRA procedure, the family support award petition always has to be a separate action, even when there is a probate. (Stupid rule, but that's a rant for another day.) So I think the petition can just be filed, and when the entire estate is effectively going to go to the surviving spouse as the support award, there's no need for a separate probate.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Monday, May 16, 2022 5:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Award to Surviving Spouse without Probate?

Listmates:

The only asset in client's deceased wife's estate is their residence.   Years ago he quitclaimed the residence to his wife as her "separate property" when they were refinancing because he had bad credit and hers was much better. Arguably, the house is actually community property but the deed says it's her separate property.  Wife died without a Will and there is no community property agreement. They had one child together.  Wife had no other children.  Under the laws of intestacy, wife's separate property would go 50% to client and 50% to their child. Client is estranged from the child, who is an adult and is homeless.

Value of the residence is below the median value of a house in the county so a family support award to the client would result in the client being the sole owner of the house. RCW 11.54.010(3) says that an award to spouse "may be made whether or not probate proceedings have been commenced."  Assuming notice is given to the child, can a petition be filed to award ownership of the house to client be made without opening a probate even though the house would otherwise be a probate asset?  Has anyone out there tried it before?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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