[WSBAPT] LOPA and Small Estate Affidavit vs. probate

[Sara Longley]

Listmates,

I have a client whose spouse died in 2019.  They now need to clear the spouse's name off an interest in real property, which would easily be handled with a Lack of Probate Affidavit.  However, they have also discovered a stock account in the spouse's name.  The value of the stock account is less than $100,000, so this asset could be transferred using a Small Estate Affidavit if the real property value is not included in calculating the value of the assets subject to probate.

I'm curious to know how others have handled this analysis.  If the real property interest is transferred with a LOPA, must I include its value in my calculation of the "assets subject to probate"?

I'm on the fence as to whether it is simpler to just do a probate, but I believe the cost to the client would be less if we don't have to go that route.

Thanks in advance for your feedback,
Sara

Sara D. Longley, Attorney
Ivy Law PLLC
1417 NW 54th St., Ste. 313
Seattle, WA 98107
(206) 925-2727
Sara.Longley at IvyLawPLLC.com<mailto:Sara.Longley at IvyLawPLLC.com>


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