[WSBARP] Deed of inherited property from Spouse

[Bickel, Dwight]

First, the Lack of Probate Affidavit delivered to the County Recorder is due to a statute that requires that evidence that ownership passed by the death of the prior owner in order to avoid real estate sales tax. In it, there are recitals under oath regarding the decedent's intestate heirs and whether a Will exists. Only a probate would legally establish that your client is the only heir and that there is no Will devising the property to another person. Thus, it is important to understand that a recorded Lack of Probate Affidavit does not cause any transfer of ownership.

Second, if a title company is confident regarding title passing to the one heir without a probate (based upon all information discovered of record and from a more thorough affidavit using the title company's form), the title company probably will not require a deed from the heir's spouse as the basis to insure a next purchaser from the heir. An affidavit signed  by another heir attesting to the same facts will be relied upon more than an affidavit from the person who believes he/she is the only heir and entitled to ownership.


Dwight A. Bickel, WTP
Regional Counsel
Fidelity National Title Group
701 - 5th Avenue, Suite 2700
Seattle, WA 98104
Phone: (206) 370-3189
E-mail: Dwight.Bickel at fntg.com<mailto:Dwight.Bickel at fntg.com>
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