[WSBAPT] COMMUNITY PROPERTY AGREEMENT - AFFIDAVIT TEMPLATE WANTED

Nick Pleasants npleasants at ohswlaw.com
Tue Sep 13 14:00:17 PDT 2022


I don't believe there is a required affidavit that accompanies a death certificate recording. You would need a Recorder's Coversheet<https://kingcounty.gov/~/media/depts/records-licensing/recorders-office/documents/CoverSheet_WAState.ashx?la=en> if recording it on its own. Note that Death Certificate has the discounted price of $39 for first page, plus $1 for the coversheet, and you should include the back page with the certified seal as well, so $41 total.
If you are talking about a Lack of Probate Affidavit, you can use the DOR form<https://dor.wa.gov/sites/default/files/2022-02/Lackofprobateaffidavit.pdf> linked here. If you do that, I suggest just adding the Death Certificate to the back of the LOPA for $1 extra (making the 3 page LOPA plus Death Certificate about $207.50), instead of recording it on its own for $41.
I remember some controversy/disagreement between counties as to whether a REETA must accompany a LOPA, but my understanding is that the LOPA does not need a REETA since it is not an actual transfer of real property, just an informational recording for posterity.
Best,
Nick
Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Fern Herbert
Sent: Monday, September 12, 2022 8:47 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] COMMUNITY PROPERTY AGREEMENT - AFFIDAVIT TEMPLATE WANTED

Hello Listmates,

Does anyone have a template for the Affidavit that accompanies the Death Certificate for a previously recorded Community Property Agreement that has not been rescinded?  Alternately, can someone point me in the direction of where I may go to find/create one of my own.

Thank you in advance to your help.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

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