[WSBAPT] Transfer of title following death of spouse

[Shannon Jones]

See RCW 64.80.080, a TODD of community property can be revoked by only one spouse if the other has died. Deceased spouse will not be “cleared” from title if you do nothing; however, if you want to clear his name from title there may be other means besides probate. I am not sure what without knowing if there were other planning docs such as a Community Property Agreement or a Will, which a title company might accept with an Affidavit of the surviving to clear title – Shannon


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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Tuesday, January 9, 2024 11:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of title following death of spouse

Client's husband passed away. All assets were jointly owned or had beneficiary designations. Residence owned as "Husband and wife." Is probate necessary to get property just in name of surviving spouse?

Wrinkle: a TODD was recorded stating that upon death of both spouses it would go to a list of beneficiaries. Can that TODD be revoked by just surviving spouse?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

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