[WSBARP] PC who does not want to probate

[John McCrady]

Not really much formality, no.  Since title passes at death to the heirs/devisees we do our best to verify who the heirs and devisees are.  We like to see the will filed in Superior Court, even as a will file only, but the liability for not filing is on the custodian and Executor.
We sometimes see a situation where there is a will leaving the property to "Bob", but by intestacy title would pass to "Bob" and "Jim".  So if "Bob" wants to be in title but doesn't want to probate the estate, we require a deed from "Jim" to "Bob".
If the death is recent we do ask for compliance with the requirements of WAC 458-61A-202 so that the parties don't have to worry about later assertion of excise tax liability.
And of course if we see something that seems fishy, or if there appears to be value that may be subject to estate tax, or if there is DSHS liability, we require that those issues be disposed of.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, March 26, 2019 5:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] PC who does not want to probate

John: are you saying a title company will insure title based upon viewing the will that leaves the property to sister??  Isn't there some formality or passage of time that a reasonable title company will require?

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Tuesday, March 26, 2019 8:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] PC who does not want to probate

As I understand the facts that should work.  You would need a lack of probate affidavit for the death of Mom to put record title in Dad (provided there was no probate.)  Title passes on death of Dad to Sister and the lack of probate affidavit evidences that.  The deed passes title from Sister to Brother, and should be excise tax exempt provided there is no debt.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Monday, March 25, 2019 5:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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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