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

[Lenard Wittlake]

We have used an affidavit of  heirship signed by someone who is not an heir
and corroborated by someone who is not a family member.  See attached. The
heirs all signed the lack of probate affidavit.

 

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Timothy Lehr
Sent: Tuesday, March 4, 2025 4:24 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Supporting docs for sole heir and lack of probate
affidavit

 

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

 



 

p: 360.855.0131

e: timothy at stileslaw.com

w: www.stileslaw.com <http://www.stileslaw.com/> 

 

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