[WSBARP] Requirements for recording transfers by operation of law

[John McCrady]

Dwight...Section 2 (2) of the bill states:  "The documentation provide to the county treasurer under this section must also be recorded with the county auditor."
I interpret that to mean that the "Lack of Probate Affidavit" or the "Community Property Agreement" etc.  must be recorded with the county auditor, so I am not sure what you mean by

"The clerk is not correct that the documents must be recorded in order for the transfers to be considered completed."

We are creating an abbreviated Lack of Probate Affidavit for recording purposes.



John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Tuesday, May 03, 2016 11:33 AM
To: REALPROP at yahoogroups.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Requirements for recording transfers by operation of law

Beginning June 9th, statutory revisions made by HB 2539 this legislative session will provide more clear guidance about the documents to be produced when recording evidence of transfers that are effective without the recording, and that are exempt from the real estate sales tax. The clerk is not correct that the documents must be recorded in order for the transfers to be considered completed. In order to record, the standard excise tax affidavit that is used for sales will be required. It may help you to understand their position if you recall there is a fee for affidavits that claim exemption from the tax.

See the new statutes:
http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2539-S.SL.pdf
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