[WSBARP] Probat/Quiet Title

[Andrew Hay]

John - Probate is an option in your case.

Because there is property here in WA, a probate can be done here.  A probate does not have to be done in California unless there are assets in CA that need to be administered by a CA probate.

In a WA probate your WA executor will have authority to sell the property during the pendency of the probate.  So that gets the sale done and the proceeds in the hands of the executor.

A second option is a lack of probate affidavit.  With a lack of probate  affidavit, heirs of the deceased owner recite facts sufficient to support succession of title with appropriate death certificates attached.  This instrument is recorded along with a real estate excise tax affidavit.  These LOPAs are generally accepted by title companies to establish successorship if thorough enough and if they establish a proper chain of title.  Then the heirs sign the deed.  If you are relying on a LOPA, you generally want to check that your title company will accept it under the circumstances before doing the work.  Because if they will not accept it, you have to do a probate.  Also with the missing heir, a LOPA may not work because the heir is a one-third owner and won't be available to sign the LOPA or the deed.

The missing heir issue tells me a probate is needed because that is likely the most efficient way to get an executor in place with authority to sell the property.  For the sellers, they also need the probate as a mechanism to transfer the sale proceeds to the heirs.

I would not look at a quiet title as an option here, but others may differ.   But the QT action will establish the missing heir as a one-third owner and he/she won't be around to sign the deed, so that seems a dead end.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John L
Sent: Wednesday, February 3, 2021 9:04 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Probat/Quiet Title

Listmates,

I have an investor client, hoping to buy a house.  The current occupant is willing to sell his interest, if any, in the house.  Title is in the name of the occupant's deceased grandmother who died living in California. The known heirs of grandmother are the occupant, occupant's sibling and a second sibling, whereabouts unknown.  Questions:

If a probate is done will we need to do two of them, one in Cali and one in Washington?
Could a quiet title action be done in lieu of a probate?
Are there any other ideas?

Thank you.

John H. Loeffler

[cid:image002.jpg at 01D6FA14.B2D65850]





Olson Loeffler Law Group, P.S.
8414 N. Wall, Suite A
Spokane, Wa 99208-6171
Phone: 509.467.6767
JohnL at Ollps.com<mailto:JohnL at Ollps.com>

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