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

[Lewis, Amy C.]

Brent,

              I used to see older attorneys take the position that automatic vesting under RCW 11.04.250 was sufficient once probate closes, without a deed from the estate to the grantee.  At least since the early 90s (and likely before that) we have always prepared a deed from the estate to the grantee to provide a clear chain of title.  I continue to believe that is the best practice.


Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, August 4, 2026 1:23 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Baffled by Transaction; Probate done but property not transferred

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

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