[WSBARP] Joint probate question

Fri Mar 18 14:07:42 PDT 2022

Mr. Anderson,

I would open a joint probate using both Wills.  Attached is joint petition for your review.  The Personal Representative to administer both estates together.  One deed would be recorded that references both decedents.  The Grantor will be the Estates of (both decedents).  I assume both Wills leave everything to the other spouse.  When you say the wills may leave things differently, how?  If the real property is specifically devised to someone in one Will but not the other, that might be a problem.  If each will divides the residue evenly between the adult children, I see no problem.

In this case I think a combined deed is best.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Friday, March 18, 2022 1:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Joint probate question

I may be overthinking this process on a Friday afternoon, but here goes.

Husband and wife have four adult children.  Husband and wife own real property.  Husband died in 2009 with a will – all to surviving spouse, etc.  No probate was filed.  Wife died in 2021 with a will – all to (surviving spouse) children, etc.  The real property is still in husband and wife’s name.  I’ve been asked to open probate for the wife but am now considering a joint probate.  I’ve never done a joint probate before, but it seems like the way to go.  I’ve got some questions about this and about this string in general:

1.	Following the wife’s death, how is title to their real property held?  
2.	Who would be identified as the Grantor on a Bargain and Sale Deed?  (the answer to this is perhaps the same as the answer to the previous question).
3.	Would a joint probate “short circuit” the deeding process?  Or would some sort of “intermediate” deeds be needed (e.g., from husband’s estate to wife and then from wife’s estate to potential buyer)?
4.	Notwithstanding a title company’s willingness to insure title using a lack of probate affidavit, wouldn’t relying that create a “hiccup” in the chain of title?  As for me, I like to see title pass by deed, and not by affidavit.
5.	Are there any particular pitfalls associated with opening a joint probate versus opening two separate probates, given that the bequests might differ between spouses?

In advance, thanks for any help, guidance, and example pleadings any of you can share.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com <mailto:marka at mbaesq.com> 
www.mbaesq.com <http://www.mbaesq.com/> 

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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 Inge Fordham
Sent: Thursday, March 3, 2022 2:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Joint probate question

Interesting how different counties handle this.  In the joint probate I was referencing, the clerk issued letters testamentary (and no letters of administration).  The case caption referenced both decedents.  Kerry’s point as to a LOPA is a good one.  Since we had to file probate for the deceased wife, we found it very simple just to include the deceased husband and administer as a joint estate.  My client already had death certificates for both of her deceased parents so there wasn’t really any additional work involved.

Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

 <http://www.fordhamlegal.com> www.fordhamlegal.com

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From: <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of Paul Neumiller <pneumiller at hotmail.com <mailto:pneumiller at hotmail.com> >
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Date: Thursday, March 3, 2022 at 2:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Joint probate question

Island County allowed me to do this last week.  The clerk’s office prepared two Letters, one for the intestate probate and one for the testate probate but listing the same cause number.  

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 Gerald Sprute
Sent: Thursday, March 3, 2022 1:45 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Joint probate question

Listmates, 

I’m starting a probate in King County,  Husband passed in 2019 intestate, Wife passed in 2022 with a Will.  Only child is named as Executor in the Will.  No other children of either.   

Can I start a joint probate, where I need an Administrator for Husband’s estate and an Executor for Wife’s estate?  Really the only thing we’re dealing with jointly is the real estate (but I don’t want to leave it to chance with whether the title co will have an issue with deceased husband still on title).   

I(‘ve done several joint probates, but this is the first time one had a will and the other didn’t.  if anyone has a petition that I can take a look at (and pirate), I’d really appreciate it! 

Thanks! 

Jerry Sprute 

Law Office of Gerald A. Sprute 

P.O. Box 1657 

Duvall, WA  98019 

Tel / Text: (425) 892-4079 

FAX: (206) 519-6667 

www.sprutelaw.com <https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sprutelaw.com%2F&data=04%7C01%7C%7Caaa0952ef788461ab13208d9fd5fa1e4%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637819409450583120%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=2bIj5Sv3n3WWv6kU2xDH1x%2BXqMBnx2ZQeVGgg6dcRiQ%3D&reserved=0>   

Law Office of Gerald A. Sprute
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