[WSBAPT] Does Second Wife Need to Probate

[Nick Pleasants]

I agree with Heather. The general rule is that a Lack of Probate Affidavit is only appropriate when there is no Will or the Will follows the intestate scheme. In this case, Decedent modified intestate scheme by leaving all of his separate property to wife (instead of one-half to wife and one-half to kids). One way to think of it is probate is needed to give notice/due process to the kids (or whomever the intestate heirs would be under RCW 11.04.015).
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Monday, July 24, 2023 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does Second Wife Need to Probate

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

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Monday, July 24, 2023 10:30 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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
Attorneys at Law
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720 E. Washington Street, Suite 105
Sequim WA 98382
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