[WSBARP] Probate or not to probate

Fri Feb 24 09:50:27 PST 2017

I'll make an appointment with my local title officer.  It seems cleaner to
do a probate and get the title transferred.  But I will see what the "gods
of real estate" say.

Jim

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

On Fri, Feb 24, 2017 at 9:28 AM, Rob Wilson-Hoss <rob at hctc.com> wrote:

> 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 <(360)%20426-2999>
>
> www.hossandwilson-hoss.com <http://www.hossandwilsonhoss.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 <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 <(360)%20393-9506>
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
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