[WSBAPT] Transfer of Real Property - Interesting Fact Pattern

[Eric Nelsen]

If Jack and Betsy both died more than two years ago, I think recording a lack of probate affidavit reciting the facts, and attaching both death certificates, seems like a reasonable approach. There's no guarantee a title company would accept it, but every additional year that passes makes it less likely that a title company would balk at insuring title for Bob, Susie, and Jill if they decide to sell.

The most sure-fire option would be probate, of course, with a deed to Jill.

If there is a plan to sell the property soon, the best way to figure it out is to order a preliminary title commitment from the title insurance company, and ask them if they'd take a lack of probate affidavit as to Jack and Betsy. If they'll insure Jill as sole vested owner as to Jack's interest as well as her own, then no need to probate, I think.

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 Heidi Baxter
Sent: Monday, August 3, 2026 2:01 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Transfer of Real Property - Interesting Fact Pattern

I have a scenario in which 2 couples own a piece of real property as husband and wife.  Let's say Bob and Susie, husband and wife, and Jack and Jill, husband and wife.

Jack and Jill divorced but did not remember to include this piece of real property in King County in the divorce decree.  They had one child together, Betsy. Jack had no other children.

Jack died, survived by his daughter several years ago.  His estate was never probated.

Betsy then died a year or so after Jack died.  Her estate was never probated.  Jill, Betsy's mom, is Betsy's sole heir.

The real property still lists Jack and Jill, husband and wife.  Presuming that Jack's estate owns ¼ of the property as his undivided share, and it would have passed to his daughter under laws of intestacy (no Will), and then his daughter's estate would have passed to Jill (her mom)...any thoughts on the cleanest and easiest way to get title of the property for Jack's share into Jill's name?

Thoughts:

  1.  Open probate for both Jack and daughter
  2.  Lack of Probate Affidavit (property is vacant land and worth less than $100,000).
  3.  Quiet Title Action
  4.  Other?

If you have ever had this situation or something close, I would love to hear what worked for you.

Thanks for your thoughts on this.

Heidi Baxter
Attorney

BAXTER LAW PLLC
PO Box 1539
Mercer Island, WA 98040
(206) 415-1155
www.hbaxterlaw.com<http://www.hbaxterlaw.com/>

Office Address:
2737 77th Ave SE, Suite 206
Windermere Building
Mercer Island, WA 98040

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