[WSBAPT] Recording PR Deeds with Letters Testamentary

Mon Mar 20 11:38:48 PDT 2023

OK, thank you all for your feedback.  We do include a reference to the probate cause number similar to the language Brent provided, with the Letters attached.  When I called the auditor’s office the recording clerk surmised that the treasurer kept the Letters in  support of the REETA, as some of you have suggested.  She offered to record the Deed again at no cost with the Letters attached if I email her a copy, which I thought was very kind of her.

I guess from now on I will save my clients a dollar by not recording the Letters with the Deed.  Learn something new every day . . . . . . 

-jbd-

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, March 20, 2023 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording PR Deeds with Letters Testamentary

I will say that I have never attached the Letters to the Deed. I will upload them (when using Simplifile) with the REETA to prove the exemption as being transferred through probate - but not as part of the Deed. 

In my PR Deed template that was provided to me by a colleague when I was starting out - has the following language: 

THE UNDERSIGNED GRANTOR _____________________________, as the duly appointed, qualified and acting Personal Representative of the Estate of ______________________________, deceased, under Probate Case No. _______________________, ____________County Superior Court of the State of Washington, as authorized by an Order entered in each of the above-referenced the probate matters on ________________, to settle the estate of ____________________________, without the intervention of the court,  for and in consideration of the settlement of the above referenced estate, does convey and quit claim to the Grantee,__________________________ all of the Decedent’s right, title and interest in the following described real estate situated in the County of ____________________, State of Washington, including any interest therein which Grantor may hereafter acquire.

This information is sufficient that if anyone ever wanted to look up the specific Letters or Order opening the estate - they would have everything they needed to zero in on it. 

I have had many a Deed returned - but never because of a Lack of Letters Testamentary/Administration.  

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063  

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <http://www.williams-ruthlaw.com/>  /  <http://www.facebook.com/bwrlaw> facebook / 

On Mon, Mar 20, 2023 at 10:48 AM <jbdolan at jbdolan.com <mailto:jbdolan at jbdolan.com> > wrote:

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 <http://www.jbdolan.com> 

www.jonesbutlerdolan.com <http://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

Telephone: 360-629-3833

Facsimile: 360-629-6253

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