[WSBAPT] Disposition of Real Property at Death

[Sara D. Longley]

😉



Sara D. Longley  [http://www.practus.com/vcard/Files/enev.gif] <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 5:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Disposition of Real Property at Death

Thanks!  Helps to read the statute. :)

Mark C. McClure | Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
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Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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  [http://www.practus.com/vcard/Files/enev.gif] <https://www.practus.com/vcard/Sara_Longley.vcf>

Associate

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(360) 378-4450 (Main Office)

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(360) 468-7230 (Direct Dial)

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sara.longley at practus.com<mailto:sara.longley at practus.com>

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My Bio<https://practus.com/attorney/sara-d-longley/>  |  Connect on LinkedIn<https://www.linkedin.com/in/saradlongley/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:Mark at McClureLawGroup.com>
Notice of Unavailability:
TBD

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On Tue, Mar 17, 2026, 5:04 PM Laura Latta <laura at lauralatta.com<mailto: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<mailto: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
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phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
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(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [cid:image003.png at 01DCB632.9108DF10] <https://www.facebook.com/DeVriezeCarney>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
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Tacoma, Washington 98402
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