[WSBAPT] COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY

Wed Sep 7 15:41:41 PDT 2022

That’s my understanding.  I doubt the Recorder’s Office will accept a deceased person as Grantor; I’ve always thought that after death, an appointed Personal Representative in probate would be required for a new deed.  But I may be wrong.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, September 7, 2022 6:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY

Is a Warranty Deed necessary?  If the property is owned by the married couple as community property, and there is a recorded Community Property Agreement, I would think you could just record a certified copy of the death certificate and REETA removing the deceased spouse from title.

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Fern Herbert <fern at zenith-lawgroup.com<mailto:fern at zenith-lawgroup.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, September 7, 2022 at 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY

Hello All:

I am creating a Warranty Deed to convey real property (the family home), into the sole name of the surviving spouse pursuant to a Community Property Agreement. I drafted the Deed as the Grantor being the Deceased spouse and the grantee being the surviving spouse and I am attaching a copy of the signed and recorded Community Property Agreement to the submission. This is in King County. It seems like this should be sufficient but wanting to check with others who have done this before. Have I missed anything?

Thank you in advance for your helpful input.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

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