[WSBAPT] Baffled by Transaction; Probate done but property not transferred

[Inge Fordham]

I’ve seen this once before.  LOPA was recorded (representing that the decedent’s estate wasn’t probated) to avoid re-opening the probate to transfer the real property that was not (but should have been) transferred before the probate was closed.  Were it me, I would have advised the client that probate needed to be reopened to transfer the property (via PR Deed as you mentioned) and then closed once more.  Was the LOPA recorded with assistance of counsel?  Or did SS do that pro se?  Can you tell from the recorded LOPA?


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Date: Tuesday, August 4, 2026 at 1:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Baffled by Transaction; Probate done but property not transferred

It was not. Attorney was involved, now retired.


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Tue, Aug 4, 2026 at 1:37 PM Diane Kiepe <diane at kiepelaw.com<mailto:diane at kiepelaw.com>> wrote:
Brent,

I wonder if it was a pro se probate.  I always do a deed (as you noted you do).  I have to believe it was an oversight and someone somehow thought the declaration was a transfer device.

Also, just go my first Intestacy case.  I am in tier (b).



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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On Tue, Aug 4, 2026 at 1:22 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
Listmates -

I am truly baffled by a matter (historical) and I am curious if this was just the "old way of doing it".

Decedent died intestate in 2015. Surviving spouse opens probate, is appointed.  Files declaration of completion nearly 1 year later and in the declaration it states that surviving spouse was beneficiary of all, no separate property.

LOPA was filed in 2018 declaring that no probate was done and transfering house to surviving spouse.

WHAT I NORMALLY DO in that situation is that before I close probate, I have the Executor/Surviving Spouse transfer through a Deed of PR the decedent's share.

I'm only curious because now that the SS has died and I am helping get the property to the next of kin, I had my favorite title company pull the property report and last vesting deed and it was still the deed from 1996 when H&W bought the house.

Wasted a bunch of time tracking down to see who is actually the owner because the title company didn't pull the LOPA as part of the general process in helping me identify the nature and ownership of the property.

Just looking for a little validation as a solo attorney ensuring that I am doing things in lines with industry standard.

Thanks!
Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /

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