[WSBAPT] Recording PR Deeds with Letters Testamentary

Mon Mar 20 11:22:26 PDT 2023

Here in Island County, the Treasurer requires to SEE a photocopy of the
Letters along with the REETA, as supporting documentation, but the Auditor
doesn't ask for the Letters to be recorded.  My PR Deed has language like
Brent's, so a future title company can look up the Letters.

When I was practicing in Snohomish County several years ago, the Treasurer
had previously required to see the Letters at the time of recording -- same
as Island -- but then they started requiring that the Letters be RECORDED -
and it had to be recorded SEPARATELY from the PR Deed (with a full filing
fee), not as an Exhibit (with a $1 additional page fee).  We asked for
legal authority, they gave none, and we just sucked it up and did as told.
I don't know if they've abandoned this requirement or not.

 So, it seems like there are definitely differences from county to county.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Mon, Mar 20, 2023 at 11:14 AM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> Similarly, I don’t record the letters but recite the same info as Bruce
> mentioned, on the face of the deed. Providing the Letters to document
> Personal Representative’s authority may be necessary for the REETA,
> especially if you are claiming an inheritance exemption from excise tax.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Bruce Moen
> *Sent:* Monday, March 20, 2023 10:50 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Recording PR Deeds with Letters Testamentary
>
>
>
> Hi Jim,
>
>
>
> I have never attached the Letters, but I have always included a recital
> below the legal description.  The recital is of the country and cause
> number and the date of the Order of Solvency and the grant of NPs.
>
> The recital is basically for the title insurance company.
>
>
>
>   Bruce Moen
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *jbdolan at jbdolan.com
> *Sent:* Monday, March 20, 2023 10:36 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Recording PR Deeds with Letters Testamentary
>
>
>
> Colleagues:
>
> For as long as I can remember, we have always recorded Letters
> Testamentary with PR Deeds.  The PR Deed specifically references the
> Letters Testamentary “attached as Exhibit A.”
>
> Suddenly, in the past two weeks, we have had two PR Deeds that we mailed
> to two different counties recorded and returned to us without the Letters
> recorded.  In both instances, the auditor kept the original Letters
> Testamentary, which cost us $5.00 and which always have been recorded with
> the PR Deed and returned to us along with the original Deed.   The recorded
> Deed was returned, with no explanation why they recorded the PR Deed
> without the Letters.  The auditor also kept the full recording fee, even
> though it included an extra $1.00 for the extra page.  We now have two
> recorded documents that refer to an attachment that does not exist.
>
> What do others do when recording PR Deeds?  Do you include the Letters
> Testamentary?
>
> Jim Dolan
>
> ===================
>
> *Jones Butler Dolan, PS*
>
> www.jbdolan.com
>
> www.jonesbutlerdolan.com
>
> *Mount Vernon*
>
> P.O. Box 2784
>
> 415 Pine Street
>
> Mount Vernon, WA 98273
>
> Telephone: 360-336-2939
>
> Facsimile: 360-336-2949
>
> *Stanwood*
>
> P.O. Box 458
>
> 10027 - 269th Place NW (SR 532)
>
> Stanwood, WA 98292
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