[WSBAPT] Legal Description of Property

Wed Jul 2 17:31:34 PDT 2025

Well, as ever, I interject partially to expand on Eric’s advice and to sound like a nag. I suggest that a PR’s or trustee’s counsel should ALWAYS at minimum check with a local title company or county assessor’s office to confirm a given deed (or, at least “legal description”) is acceptable if recorded.

By which I mean it is acceptable for changing tax records -- because assessor’s offices in Washington are responsible for maintaining the state’s fancy new GPS system to ensure proper boundary lines and legal descriptions and can reject deeds based on former/existing legal descriptions if you have not encountered this excitement in the past – and, ideally, to confirm with a friendly local title company (that knows you will not waste their time unnecessarily) whether they see anything in the chain of title that suggests a proper title policy based on assessed value or fair market value is warranted to “clean things up.”

Why?

Because our clients believe that what we do for them is right and correct and accurate. And it should be to the best of our ability.

And our nation’s title insurance system is NOT as many believe simply in existence to charge outlandish fees “for nothing.” It is in fact a central fulcrum for our entire real property system that ensures the NAMED PARTIES on deeds that we prepare and now PAY $325 TO RECORD EACH TIME WE RECORD is accurate and actually conveys GOOD TITLE to the parties whose names we type onto deeds.

At $325 a pop now in our fine state to record a deed OR A CORRECTION DEED later on, I don’t think it’s okay to get it wrong when these simple mechanisms are available to us in every county I’ve ever encountered in every state I’ve ever assisted with (even if it took some work).

I think WE AS LAWYERS lessen the number of people who are required twenty years after a conveyance to suddenly reopen a probate; do a probate; file a quiet title action; find several heirs of a long-ago deceased person; or otherwise take a bunch of action that would have been easily prevented twenty years earlier if counsel to the PR or trustee had done the due diligence described above.

That’s my two cents. Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, July 2, 2025 12:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Legal Description of Property

I would think that a Quitclaim Deed would provide more protections for the Personal Representative than a "PR Deed" (i.e., a Bargain and Sale Deed) in that there are no warranties at all.

Thoughts on that?

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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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 Tom Westbrook
Sent: Wednesday, July 2, 2025 12:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Legal Description of Property

As always Eric is spot on. Just one thing I would recommend is to use a PR deed and not a warranty deed or even quit claim deed. You want to make sure to protect the PR as best you can since that is your client.
Regards, Tom

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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 Eric Nelsen <eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>>
Sent: Wednesday, July 2, 2025 10:27:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Legal Description of Property

Depending on the county and how old the last deed of record is, you might need to contact the customer service department of a title company in order to get the last deed. But for many counties you can find them by checking the assessor’s tax parcel records, which often includes a link to deeds from prior transfers of the parcel.

Keep in mind that legal descriptions can change though, via boundary line adjustments, adverse possession litigation, subdivision of a larger parcel, condemnation of a new public right-of-way, etc. The older a last deed is, the more important it is to check with the client and ask them whether there has been any alteration to the property lines since the decedent received it.

If the Estate is selling the property, there will always be a title company involved so you’re safe using the legal description that the title company provides—no need to search for a last deed.

If it’s a distribution to heirs, it’s a judgment call on whether to ask for a title company’s help, based on how confident everybody is that the legal description hasn’t changed since the last deed of record.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Ann Manley
Sent: Wednesday, July 2, 2025 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Legal Description of Property

Is it advisable to contact a title insurance company before executing a PR deed? And does it matter if the transfer is intra-family vs. to a third party purchaser?

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/>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

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On Wed, Jul 2, 2025 at 10:08 AM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:

Jordan – I recommend that you use the same legal description that was on the deed under which the Decedent took title.  After all, the PR can only convey what the Decedent owned.

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/>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Jordan Kostelyk
Sent: Wednesday, July 2, 2025 8:36 AM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Legal Description of Property

Hello all,

I am wondering where do you get the legal description of property for your PR Deeds? Is it acceptable to use the description from a prior deed for the same property?

Jordan

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