[WSBAPT] Warranty fulfillment deed

[Diane J. Kiepe]

I’ve not researched the issue but intuitively would say the PR can sign – it’s not a transfer of real property and presumably will reference the prior filings so more like a contract.  PRs can, and sometimes must, fulfill a decedent’s contract.  That being said, I don’t know how states may differ in the Warranty Fulfillment Deed so maybe some review is called for but not an ancillary probate – my 2 cents and that’s about what intuition is worth 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Thursday, January 26, 2023 9:01 AM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM) <wsbarp at LISTS.WSBARPPT.COM>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Warranty fulfillment deed

I apologize for the cross post….
A question has arisen as to whether Warranty Fulfillment Deed on an old contract can be executed by the personal representative of the now deceased seller’s estate, where the probate is filed in another state.
For many purposes the seller’s interest in a real estate contract is considered to be a personal property interest, akin to a mortgagee’s interest, so I am leaning toward saying the out of state PR can do the Warranty Fulfillment Deed.
Any thoughts would be appreciated


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



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