[WSBARP] Joint Tenancy With Right of Survivorship - Affidavit of Lack of Probate

[Jennifer Johnson]

WAC 458-61A-202 hasn't changed.  I file cover sheets and death certificates
like you do, and pay the $10 to the Treasurer.

I seem to be encountering increasing instances of county officials giving
legal advice like this, although I think that they don't recognize it as
legal advice because the lack of probate affidavit that you reference is a
Department of Revenue sanctioned form.  People are being told to just file
the affidavit so that they can claim the inheritance exemption from excise
tax, without realizing that, from a legal perspective, that may be entirely
the wrong course of action or, from a title insurance perspective, it tells
us nothing that we need to know in order to insure a transaction.  That's
just my two cents...

Jennifer Johnson
Title Officer | Attorney
Wahkiakum Title & Escrow Co.
(360) 795-3741
www.wahtitle.com

On Wed, May 22, 2019 at 9:16 AM Jeff Davis <jeff at bellanddavispllc.com>
wrote:

> Listmates,
>
>
>
> Client’s father titled his home in himself and his son & wife as joint
> tenants with right of survivorship.  Father died.  Jefferson County, I
> believe Auditor’s office, told client he needed to file an Affidavit of
> Lack of Probate.  The form they gave him is not nearly as detailed as those
> from title companies.  I have never used this affidavit when dealing with
> JTWROS.  Has something changed?  I have always just recorded the death
> certificate with a coversheet referencing the deed.  Your thoughts.
>
>
>
> Jeff
>
>
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com
> www.bellanddavispllc.com
>
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