[WSBARP] PC who does not want to probate

[Rod Harmon]

Yes, but.
Mom's title transferred to dad when mom died,  RCW 11.04.250, but title was subject to potential creditor claims until the 2 year anniversary of mom's death.  RCW 11.40.051.
Dad's title transferred to sister when dad died, but title is subject to potential creditor claims until the 2 year anniversary of dad's death.  RCW 11.40.051.
A lack of probate affidavit for both mom and dad would not transfer title, but would document what sister is doing and is required documentation for an excise tax exemption.  WAC 458-61A-202 (5)(i).
Until the 2 year anniversary of dad's death, any title insurance preliminary commitment would show the potential creditor claims as an exception to title, so brother should not plan on selling or borrowing against the property until then.  Even then, this issue is above the pay grade of a low level title examiner and it will likely have to be kicked upstairs for authority to delete the exception.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Monday, March 25, 2019 5:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PC who does not want to probate

I have a PC. Title in Mom and Dad. Mom passed away several years ago and  Dad just passed away. PC wants the property transferred to him without probate. His sister is OK with that. The will leaves the property to sister.
Can we transfer with a Lack of Probate Affidavit and a deed from Sister to Brother?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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