[WSBAPT] Probate Quiet Title Action Against Deceased Lender

[Jason Burnett]

Mates-

I’ve got a probate with real property encumbered by a stale deed of trust in favor of an Oregon man who appears to have died 15 years ago in a different state. Aside from the usual tricks of begging/paying for a voluntary reconveyance from the former PR of dead guys’ estate (which would require him/her to reopen probate, re-establish authority to execute the reconveyance, etc.) I know I can file a quiet title action.

My question is how I name/describe the defendant.  I don’t know for a rock-solid fact he’s dead—only that a person with an extremely common same name (almost as generic as John Smith) at the same address on the DOT died 15 years ago. Can I just name him, attempt in-person service, get authority to serve by publication, and just plow forward and rely on the constructive notice and aim for a default judgment?

Now that I’m asking all my peers this question I’m wondering if I should be asking the title company instead?

Jason W. Burnett
Attorney at Law
Reed Longyear Corwin Burnett & Calogero, PLLC
[cid:image001.png at 01DD5184.0E55F470]
801 Second Ave, Suite 1415, Seattle, WA 98104
(206) 624‑6271 | Fax: (206) 624‑6672
jburnett at reedlongyearlaw.com<mailto:jburnett at reedlongyearlaw.com>
www.reedlongyearlaw.com<http://www.reedlongyearlaw.com/>

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