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

Tue Apr 22 13:55:58 PDT 2025

You could go "Estate of XYZ, by and through ____________, Personal
Representative, 

Plaintiff."

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Tuesday, April 22, 2025 1:51 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] An Estate as Plaintiff in a Quiet Title Action

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

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com

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 Mark Anderson
Sent: Tuesday, April 22, 2025 12:48 PM
To: wsbapt at lists.wsbarppt.com <mailto: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)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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