[WSBAPT] Supporting docs for sole heir and lack of probate affidavit

[Timothy Lehr]

All,

I'm hoping to avoid probate for a client to sell a piece of property. PC is only child and mom that passed away intestate. Dad predeceased. I've talked to my local go-to title company to see if he can sell the property and close the sale with a lack of probate affidavit as he is sole heir and has vested interest under intestate statute. Title is saying that can do that - but without a Will, underwriting needs some supporting documentation from PC that he is sole heir and doesn't have any family members waiting in the wings. They said an affidavit signed by him is not likely enough.

I'm trying to rack my brain on what he could possibly use to prove he is the only child of mom. Has anyone had this situation or have any thoughts on supporting documentation? Estate is lacking funds and PC really wants to avoid cost of probate, even not very significant.

Thanks,

Timothy C. Lehr
Attorney & Partner

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p: 360.855.0131
e: timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w: www.stileslaw.com<http://www.stileslaw.com/>

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