[WSBAPT] Recording Community Property Agreement

[Diane J. Kiepe]

In Washington, yes, for Washington property.  If there is other real property in other states you have to check local law.  Idaho for example requires recording prior to the first death.  Also, and I’m not sure of your county, but here in Spokane county they allow us to (and I do) redact the SSN on the death certificate.


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 Lynn Clare
Sent: Tuesday, June 27, 2023 2:52 PM
To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Recording Community Property Agreement

All,

A family law client asked me what should have been a simple question.

She has a notarized community property agreement. It was never recorded. Her husband passed away a few weeks ago. Can she record it now along with a death certificate in order to transfer title to the house to her name? The RCW's seem silent on the topic so it seems like she can.

Lynn Clare
Clare Law Firm
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