[WSBAPT] LOPA and Small Estate Affidavit vs. probate

[Brent Williams-Ruth]

I have encountered this several times. My analysis is as follows:
1) It's been more than two years, no need for Creditor notices
2) Financial institutions are the devil and will fight anything that is not
their normal activity of having Letters Testamentary/Administration.
3) Just open the probate, do a PR Deed transfer for the house, get the
stocks transferred. Close probate.

I had a client who I gave the choice to as it was dealing with timeshare at
one of the national entities.  He tried on his own to use Small Estate
Affidavit to get the points transferred from his mom to him. He literally
wasted 16 months before finally agreeing to do the probate. Less than 1
month once they got the letters testamentary.

Brent

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On Fri, Oct 2, 2026 at 10:56 AM Sara Longley <sara.longley at ivylawpllc.com>
wrote:

> 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 54
> <https://www.google.com/maps/search/1417+NW+54?entry=gmail&source=g>th
> St., Ste. 313
>
> Seattle, WA 98107
>
> (206) 925-2727
>
> Sara.Longley at IvyLawPLLC.com
>
>
>
>
>
>
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