[WSBAPT] Who is the grantor in this situation?

[Joshua McKarcher]

I’m pasting from a recent similar inquiry, so do your best to follow:

FIRST record the CP agreement, period. Done. No REETA because it does nothing by itself (see below re WAC ending -303).

SECOND record the affidavit containing the legal description and parcel number of any real property you expect the world to pay attention to -- and attach TO THE REETA a copy of the previously recorded CPA and certified copy DC (which I personally do not record because it’s not required).

Below are the relevant WACs. Please notice these instructions are about what to provide to the treasurer with a REETA vs. what to record.

Not all of this documentation must be recorded to be valid. (But if you record it, I will not chase you down and chastise you. Probably. I reserve all rights.)

https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-202
(6) Exemptions and required documentation. A transfer of real property through a devise by will or inheritance is exempt from the real estate excise tax for the following types of transfers. Refer to WAC 458-61A-303<http://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-303> (Affidavit) to determine if a real estate excise tax affidavit is required to document the exempt transfers. Additional documentation may be required to substantiate each exemption, and must be provided to the county treasurer of the county in which the real property is located and recorded with the county auditor:
(a) Community property agreement or right of survivorship. If the transfer of real property to a surviving spouse or surviving domestic partner is in accordance with a community property agreement or right of survivorship clause, copies of the recorded agreement and a certified copy of the death certificate are required.

Notice in this separate WAC -303 the difference between 2(a) (effectuating TRANSFER based upon CP agreement) vs. 3(g) (just recording the CP agreement itself, which by itself “does nothing” to any real property record anywhere, the number one thing to memorize and repeat to oneself when looking in the mirror doing one's daily estate planning exercises): https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-303.

I hope this helps! Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Tuesday, October 21, 2025 1:21:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Who is the grantor in this situation?


I don’t think a deed is required, if the CPA states that surviving spouse inherits all community property interest of the deceased spouse. The LOPA and recording of the CPA should be sufficient for a title company to insure transfer of title, if the property is being sold.



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 Corrie Bosman
Sent: Tuesday, October 21, 2025 1:16 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Who is the grantor in this situation?



I am assisting a client with a property transfer where the current deed is in Husband's name alone. Prior to husband's passing he signed a community property agreement that specifically referenced the property, but unfortunately he passed before signing a new deed. Wife has prepared a LOPA and has the properly executed CPA, but I am about unclear who exactly is the Grantor on the new deed in this situation?



Law Office of Corrie Bosman

Serving clientele in Alaska and Washington
P.O. Box 1745
Port Townsend, WA 98368

Alaska: (907) 747-1060

Port Townsend: (360) 316-1669




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