[WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL PROPERTY

John J. Sullivan, Esq. sullaw at comcast.net
Fri May 12 22:01:40 PDT 2023


The purpose of the Affidavit is to provide evidence that the conditions
precedent to the CPA becoming effective have been met. 

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Friday, May 12, 2023 9:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF
REAL PROPERTY

 

I like to think that the CPA causes the title to pass at death.

We record the CPA and Death Certificate to make the passing of title to be a
matter on the public record.

The Community Property Survivorship Affidavit or LOPA were used by the
Auditor to prove no excise tax is owing and are used by Title Companies to
make the passage of title to be an insurable event.

 

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com <mailto:j.mccrady at pstitle.com> 

 

 

 

Beginning July 26, 2021, recording fees for most documents recorded in
Washington will increase by $100
<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Sch
edule-Effective-Jul-25-2021-> . Please be sure to collect recording fees
accordingly. Due to the above increase, our Reconveyance fees will also be
increased by $100.00

 

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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 Fern Herbert
Sent: Thursday, May 11, 2023 6:26 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] QUESTION: COMMUNITY PROPERTY AGREEMENT - TRANSFER OF REAL
PROPERTY

 

Spouse passed. Couple have a Community Property Agreement. I am about to
record said agreement in King County where they live. Question: Is that
sufficient to transfer title of the family home solely in the name of the
surviving spouse, or do I also need to do a Lack of Probate Affidavit? 

 

 

Fern Herbert

Managing Attorney

Zenith Law Group, PLLC

 

Business Mailing Address

4320 196th St. SW B-712

Lynnwood, WA  98036

Phone/Fax: (425) 822-6311

 

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland,
Lynnwood, Mt. Vernon, Renton, downtown Seattle

 

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