[WSBARP] Decree of Distribution without deed in probate; interaction with REETA requirements

[Eric Nelsen]

Title and recording experts:

It appears to me that in a probate, the Court can issue a Decree of Distribution that by itself conveys described real property to the designated beneficiaries. The Decree is a judgment and would be effective on entry, same as a judgment quieting title. So no deed executed by the PR would be required.

If I wanted to record the Decree (not required, I know, but if I did), WAC 458-61A-303(2)(b)<https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-303> says transfer "resulting from a court order" requires an affidavit.

But the Decree is a judgment, and is itself the transfer. It's not an Order requiring the PR to execute a deed, which is what the WAC appears to refer to. That interpretation is consistent with RCW 82.45.197(1)(e)<https://app.leg.wa.gov/RCW/default.aspx?cite=82.45&full=true#82.45.197>, which states:

                (1) In order to receive an exemption under RCW 82.45.010(3)(a) from the tax in this chapter on real property transferred as a result of a devise by will or inheritance, the following documentation must be provided to the county treasurer:
                                ....
                                (e) If the property is being transferred pursuant to a court order, a certified copy of the court order requiring the transfer, and confirming that the grantor is required to do so under the terms of the order;

So I don't think a REETA is required to record a Decree of Distribution.

Am I wrong? Will a title company object if I do it this way? Will the County Treasurer or Auditor?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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