[WSBAPT] Community property real estate

[Jamia Burns]

If you have a will to back it up, then a title company will definitely
accept a lack of probate affidavit. I usually record a lack of probate
affidavit along with a redacted death certificate and a cover sheet with
the legal description of the property at the county auditor's office. Then
follow up with the assessor's office to make sure they updated the computer
system to show that the surviving spouse is the sole owner.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Fri, Jan 20, 2023, 5:00 PM Ann Manley <ann at manleyfirm.com> wrote:

> There was a will. Is RCW 11.04.015 applicable?
>
> Ann Manley, Esq.
> The Manley Law Firm, P.S., Inc.
> PO Box 16324
> Seattle, WA 98116
> (206)292-3064 / (206)292-3914 fax
> www.manleyfirm.com
>
> *The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
> Law, Employment Matters, Personal injury, Small Business, Unemployment
> Claims, Wage Loss and Compensation claims*
>
> ** The Manley Law Firm is a Debt Relief Agency. We help people file for
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>
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>
> On Fri, Jan 20, 2023 at 4:38 PM John McCrady <j.mccrady at pstitle.com>
> wrote:
>
>> Under RCW 11.04.015 the wife receives “all of the decedent’s share of the
>> net community estate”
>>
>>
>>
>> Under RCW 11.04.250 the title “shall vest in the heirs or devisees
>> instantly upon the death of such decedent”
>>
>>
>>
>> So there is no probate necessary for the title to vest in the surviving
>> spouse.  That happens automatically at death.
>>
>>
>>
>> That being said one must think about whether husband had a will, whether
>> there are claims by creditors out there and whether DSHS may have rights.
>>
>>
>>
>>
>>
>> John McCrady
>>
>> Counsel
>>
>> Puget Sound Title Company
>>
>> 5350 Orchard Street West
>>
>> University Place WA 98467
>>
>> 253-476-5721
>>
>> j.mccrady at pstitle.com
>>
>>
>>
>>
>>
>>
>>
>> *Beginning July 26, 2021, recording fees for most documents recorded in
>> Washington will increase by $100
>> <https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->.
>> Please be sure to collect recording fees accordingly. Due to the above
>> increase, our Reconveyance fees will also be increased by $100.00*
>>
>>
>>
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>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ann Manley
>> *Sent:* Friday, January 20, 2023 4:05 PM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> *Subject:* [WSBAPT] Community property real estate
>>
>>
>>
>> House is name of husband and wife. Bought while married, so community
>> property. Husband dies, there is no community property agreement, so is
>> probate necessary to put title in wife's name?
>>
>>
>> Ann Manley, Esq.
>>
>> The Manley Law Firm, P.S., Inc.
>>
>> PO Box 16324
>>
>> Seattle, WA 98116
>>
>> (206)292-3064 / (206)292-3914 fax
>>
>> www.manleyfirm.com
>>
>> *The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
>> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
>> Law, Employment Matters, Personal injury, Small Business, Unemployment
>> Claims, Wage Loss and Compensation claims*
>>
>> ** The Manley Law Firm is a Debt Relief Agency. We help people file for
>> bankruptcy relief under the Bankruptcy Code.*
>>
>> *This email and any files transmitted with it are privileged,
>> confidential, and intended solely to whom they are addressed. Any
>> unauthorized use, copying, review or disclosure is prohibited. If you have
>> received this communication in error, please immediately notify the sender.*
>>
>>
>>
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