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

Tue Aug 4 14:49:40 PDT 2026

I recently had this come up with an attorney involved probate. There was even a filed TEDRA agreement that stated xyz property is going to the exemption trust and abc property going to the surviving spouse as non pro rata distribution of the estate (and to avoid the “marital trust” funding. There were no deeds done.

I was baffled too, as I tell surviving spouses frequently that the benefit of the probate is they get a new deed in their own name whereas with the CP LOPA they don’t.

Heather

Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DD2420.78A75AD0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

This summer our office will be OPEN Monday through Thursday and CLOSED on FRIDAYS (May 29, 2026 through September 4, 2026)
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, August 4, 2026 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
Confidentiality Notice: This page and any accompanying documents contain information that is confidential, privileged, or exempt from disclosure under applicable law and is intended for the exclusive use of the addressee. This information is private and protected by law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the contents of this information in any manner is strictly prohibited.

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> /
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260804/3e10857d/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260804/3e10857d/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260804/3e10857d/image002-0001.png>