[WSBAPT] Probate Question - Deceased Spouse Still on Title

[Eric Nelsen]

If they're selling the property and more than 2 years have passed since the first spouse's death, then a title company will most likely be willing to insure title based on opening probate on the second spouse, and doing an Affidavit of Lack of Probate on the first spouse.

If the family is keeping the property long-term, it might be worthwhile to open a joint probate to get title completely cleared up. Or if the client is willing to take the risk of a title hiccup later, could still open probate just on the second spouse and do a PR deed to the heirs. Later on a title company might note the discrepancy in title and require an Affidavit of Lack of Probate on the first spouse, but if a lot of years have passed, it's likely they will be willing to insure around it.

Keep in mind these are practical considerations, and not legal determinations. To get a legal determination without a whole probate process, you could do an Adjudication of Testacy or Intestacy on the first spouse. See RCW 11.20.020(1) (testacy), RCW 11.28.110 (intestacy and heirship), RCW 11.28.330, RCW 11.28.340.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Greenberg
Sent: Tuesday, July 18, 2023 11:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate Question - Deceased Spouse Still on Title

I have been getting more and more files where a deceased spouse is still on title to the primary residence. Assume no community property agreement, transfer on death deed, or other automatic right of survivorship. I tend to get called when the second spouse passes away or when the survivor is updating their estate plan.

Does anyone have a work-around to avoid opening a probate solely for the sake of removing the deceased spouse's name or opening a combined probate for both spouses after the second spouse passes away? I am expecting the answer is no, but it can't hurt to ask.

Thanks,
Dave

[cid:image001.png at 01D9B96A.76CBF410]<https://greenbergplanning.com/>
Dave R. Greenberg,
Attorney

425-522-2476
dave at greenbergplanning.com<mailto:dave at greenbergplanning.com>

Greenberg Estate Planning, PLLC
40 Lake Bellevue Dr., Suite 100
Bellevue, WA 98005

greenbergplanning.com<http://www.greenbergplanning.com/>
Schedule a Meeting<https://greenbergplanning.cliogrow.com/book>


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