[WSBAPT] deceased spouse on deed

[Jeff at bellanddavispllc.com]

Ms. Zetts,

This is really a Title Insurance Company question.  What will it want to see in order to insure title?  You could try an Affidavit of Lack of Probate.  Some title companies will accept that.  The cleanest way is to probate.  Assuming your client does not want to spend the money to do a proper probate, and all final bills are paid, or will be paid by the surviving spouse, you could open the probate naming the surviving spouse PR and record a PR's deed to that spouse and then close the probate. Then you could do the TODD.

These are tough when the client ties your hands and does not want to spend the money, to do things right, since all you are doing is pushing a computer key.

Jeff

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: jeff at bellanddavispllc.com
www.bellanddavispllc.com
 
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cindy Zetts
Sent: Monday, May 23, 2022 5:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] deceased spouse on deed

Listmates --
 
When spouses own a house and one dies, is it better to remove the deceased spouse's name right away or wait until the surviving spouse dies? Deceased spouse had no will, and surviving spouse does not want to do a will but also seeks to avoid probate at death. So...as I see it, a transfer-on-death deed seems like the best way to avoid probate . However, can this be done without removing the deceased spouse's name from the deed first? If so, what is the best way to do this? 
 
Thanks, all. I appreciate any guidance to help a surviving spouse leave a house to the kids with as few complications as possible.
 
Regards,
Cindy Zetts
Cynthia Zetts Law, PLLC
Affordable estate planning, mobile service
253-720-6446
 
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