[WSBAPT] Does Second Wife Need to Probate

Heather de Vrieze heatherd at westseattlelaw.com
Mon Jul 24 10:55:48 PDT 2023


I would advise a full probate in most situations like this. Only probating the Will and giving notice to the separate children will start the statute of limitations to challenge that will and ultimately protect the surviving spouse.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, July 24, 2023 10:30 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does Second Wife Need to Probate

Listmates:

H dies; his Will leaves his estate to second wife.  The house is in his name alone, as his separate property.  I assume we cannot use an affidavit of lack of probate and record it with the Will to transfer title to wife.   Your thoughts!

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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