[WSBAPT] Probate Question - Deceased Spouse Still on Title

[Heather de Vrieze]

David,

It depends on how simple the family situation is and how much time has passed since first spouse died. Also relevant is the plan for the property.

Often when the property is being sold, title will look into the other details and may well accept a lack of probate affidavit for the first spouse. Separate children, a will devising assets to someone other than the surviving spouse, or similar issues are all good reasons that they might demand a probate.

Heather

Heather S. de Vrieze
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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

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Dave R. Greenberg,
Attorney

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