[WSBAPT] Disposition of Real Property at Death

Tue Mar 17 17:19:35 PDT 2026

Thanks!  Helps to read the statute. :)

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Sara D. Longley
*Sent:* Tuesday, March 17, 2026 5:13 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Disposition of Real Property at Death

*See* RCW 11.04.015, Descent and distribution of real and personal estate.

https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015

*Sara D. Longley*   <https://www.practus.com/vcard/Sara_Longley.vcf>

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Mark McClure, J.D. - McClure Law Group
*Sent:* Tuesday, March 17, 2026 5:08 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Disposition of Real Property at Death

"Jane likely attains Bob's interest through probate even if the assets are
not sufficiently comingled to render them comunity property. "

Why would this be the case rather than next of kin via intestacy la  There
is always a third cousin....

*Mark C. McClure*
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484
Email: Mark at McClureLawGroup.com

*Notice of Unavailability:*

*TBD*

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the intended recipient you could get into a lot of trouble if you read it,
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On Tue, Mar 17, 2026, 5:04 PM Laura Latta <laura at lauralatta.com> wrote:

I agree with Heather and Amy, but wanted to add that even if Bob's interest
is separate property, Jane receives 100% of Bob's separate property if he
is not survived by issue or parents. So based on the facts provided, Jane
likely attains Bob's interest through probate even if the assets are not
sufficiently comingled to render them comunity property.

On Tue, Mar 17, 2026 at 4:45 PM Lewis, Amy C. <ALewis at eisenhowerlaw.com>
wrote:

I agree with Heather.  It is often tempting to look for a way to avoid
probate, but going through probate will give the wife (plus her heirs
and/or a future title company) certainty that no issues are going to crop
up later.

Amy Lewis, Attorney
Pronouns she/her/hers

909 A Street, Suite 600 | Tacoma, WA 98402
<https://www.google.com/maps/search/909+A+Street,+Suite+%0D%0A600+%7C+Tacoma,+WA+98402?entry=gmail&source=g>
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com

*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Heather de Vrieze
*Sent:* Tuesday, March 17, 2026 4:39 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate
& Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Disposition of Real Property at Death

The most protective of her interests and rights would be to open a probate,
notify any other of Bob’s heirs at law, perhaps articulating her position
is that this is community property based on the likelihood that it has been
comingled with community property, and if anyone objects, seek a family
support award (analysis of eligibility based on other assets and values).

Then Jane can deed Bob’s interest in the property to herself and close the
probate.

Heather

Heather S. de Vrieze
*(she/her)*

*Attorney-at-Law*

3909 California Avenue SW
<https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>

Seattle, WA 98116-3705
<https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Mark Anderson
*Sent:* Tuesday, March 17, 2026 4:18 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate
& Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBARP] Disposition of Real Property at Death

Dear Listmates:

This may be basic to some of you, but not to me, at least this late in the
day.

Bob, an unmarried individual, and Jane, an unmarried individual, purchased
a home (i.e., real property) as tenants-in-common.  Bob and Jane are both
obligors on the home loan.

Years go by. Bob and Jane marry each other.  They never have any children.
They never execute a community property agreement.  They never change the
title to the home.

Even more years go by.  Bob dies without a will.  Bob is survived only by
Jane.

Jane wants to remove Bob from title to the home.  What is Jane's best
course of action?

Thanks.

*Mark B. Anderson*ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209
<https://www.google.com/maps/search/821+Dock+Street,+Suite+209?entry=gmail&source=g>,
PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com
www.mbaesq.com

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