[WSBARP] Probate or not to probate

Fri Feb 24 11:27:14 PST 2017

I agree with John about cleaner.  I encountered a situation where heir signed an lack of probate affidavit stating that he was the only child, when she had 7 other siblings and title company insured transaction and sale.  Colossal mess especially because the one child then died!  In that situation, I could see an attorney being sued if they had prepared the affidavit for the child that included the misrepresentations.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, February 24, 2017 10:17 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Probate or not to probate

Doing a probate is cleaner and more provides more certainty to your client.
However the title industry does sometimes agree to insure in this situation without probate.  Since title passes at death to the heirs and devisees, we do ask for a lack of probate affidavit disclosing who the heirs and devisees are.  In this case the will left the property to the brother and sister, but the title company will also want deeds from any other heirs (those who would inherit were there no will).  Also, in situations where title passes to other than a surviving spouse, most title companies’ rate schedule would require an increased premium for insuring without probate.  Depending on the value of the property that can be an expensive proposition.
A talk with your favorite title officer will help

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> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Friday, February 24, 2017 9:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Probate or not to probate

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<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

On Fri, Feb 24, 2017 at 9:28 AM, Rob Wilson-Hoss <rob at hctc.com<mailto: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<tel:(360)%20426-2999>
www.hossandwilson-hoss.com<http://www.hossandwilsonhoss.com>
rob at hctc.com<mailto:rob at hctc.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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> [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<tel:(360)%20393-9506>
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

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