[WSBARP] Probate or not to probate

[Rob Wilson-Hoss]

The statutory lack of probate affidavit gets you through the Treasurer on a sale. It does not transfer title. If you want to transfer title, you talk to your favorite title examiner and see what they need in their own lack of probate affidavits, which are enough to allow them to insure title. But you should be prepared for being able to show that there are no issues as to the proper successor title holders, and no debt, and that this will probably require an indemnification by the heir sellers. This is from John McCrady's post of January 13:

 

The lack of probate affidavit does not transfer the title; if it is the title company’s affidavit, it is used to convince the title company to insure title in the wife notwithstanding the lack of a probate.

If it is the department of revenue’s affidavit, it is used to establish that no excise tax is owed on the “conveyance” from husband to wife.  

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Wendy Walter
Sent: Friday, February 24, 2017 8:50 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Probate or not to probate

 

You might want to consider a lack of probate affidavit.  http://dor.wa.gov/Docs/forms/RealEstExcsTx/Lackofprobateaffidavit.pdf

 

The forms for these vary depending on the title company, but I would definitely consult with one in order to ensure the transaction is insurable.  

 

 

Wendy Walter | Partner - Pacific Northwest | Member State Bars of WA and OR

McCarthy ♦ Holthus LLP

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Friday, February 24, 2017 8:41 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Probate or not to probate

 

I am going to ask this question simply because times and statutes change.

I have a client whose sister died owning a home.  The Will gives the home to the surviving sister and the brother.  Everyone is in good accord.

I am unaware of any other process besides the probate process to transfer the property to the heirs (brother and sister) through a Personal Representative Deed.  Is there an alternative way to do this?

I was going to call my local title company but I remember there are a few of you on this list serve.

Thank you.

Jim Doran





James R. Doran

Attorney at Law

100 E. Pine Street -  Suite 205

Bellingham, WA 98225
(360)393-9506

jim at doranlegal.com

www.doranlegal.com

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