[WSBAPT] LOPA and Small Estate Affidavit vs. probate

Fri Oct 2 11:23:36 PDT 2026

I agree 100%.  Open the probate and deal with the account and RE transfer.  It will save time and money in the long run.
SEA are not to be used for probates with RE and the LOPA while may be accepted by title companies, it is best to actually record the PR deed.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow/The Exchange Connection

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Friday, October 2, 2026 11:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LOPA and Small Estate Affidavit vs. probate

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<mailto: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

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