[WSBARP] clearing title to property of deceased

[John McCrady]

For several reasons, including the fact that the adjudication procedure has no effect on either creditors or undisclosed heirs, title companies usually treat the adjudication as essentially additional documentation in a “Lack of Probate” determination.  Notwithstanding the language in the statute, we do not consider the adjudication to be equivalent to a final decree of distribution.

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 Chandra Lewnau
Sent: Tuesday, May 21, 2019 6:11 PM
To: WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] clearing title to property of deceased

In probating the estate of the second spouse to die I discovered no probate was done for the husband who died 2 years earlier. He has no will that I have been able to find. I'm hoping to clear title to the home without opening a probate for the spouse. There is no other need for that probate. The couple married in the 80s and title to the home is in both names as husband and wife. But the husband's children are not cooperative. Has anyone had success using an adjudication of heirship and intestacy to accomplish this?
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Chandra M. Lewnau
Elder Law & Estate Planning, Wall Group Law

425.670.1560<tel:425.670.1560> | chandra at wallgrouplaw.com<mailto:chandra at wallgrouplaw.com>


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