[WSBAPT] An Estate as Plaintiff in a Quiet Title Action

[Eric Nelsen]

The plaintiff PR definitely needs to be named in the caption because an estate has no independent existence. I tend to put the PR's name first, but I've seen it (and done it) the other way-Estate named first, and PR after. I have no idea why I have done it either way or differently at different times.
In the judgment, I have less assurance about what's best. In some ways, maybe it should be just in name of "Mother Doe" to match existing record title and keep chain of title easy to follow. But as she's deceased, maybe "Estate of Mother Doe" is better as recipient of the judgment. Name the PR also? I dunno. There are advantages to have it there, if the PR is planning to transfer it again soon. Adding the PR's name gets them into the chain of title more clearly, so the final deed out under their name will be in the chain. But if there is any chance the PR will change, maybe it's better to just have the Estate as the judgment recipient. I might ask a title company what they like to see.
Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, April 22, 2025 12:48 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] An Estate as Plaintiff in a Quiet Title Action

PR John Doe is trying to clear title to a piece of real property that was owned by decedent Mother Doe while she was living.  The PR needs to bring a quiet title action to do so.  Some quick questions:
1.  How should the plaintiff be named in the caption?

  *   John Doe, as Personal Representative for the Estate of Mother Doe?
  *   The Estate of Mother Doe?
  *   The Estate of Mother Doe, by John Doe, its Personal Representative?
  *   Something else?
2.  Who is titled quieted in?  (please pardon the dangling whatever)

  *   Mother Doe?
  *   The Estate of Mother Doe?
  *   John Doe, as Personal Representative for the Estate of Mother Doe?
Thanks in advance.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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