[WSBARP] Joint probate question

Fri Mar 18 16:28:32 PDT 2022

Thank you to all who have responded so far.  Have a good weekend!

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 <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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://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.

[cid:image002.jpg at 01D83AE5.32F74FA0]

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
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
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>

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The information contained in this communication is intended for the individual or entity to whom it is addressed.  If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electric Communications Privacy Act of 1986 as well as the Domestic and International Laws and Treaties.  If you have received this communication in error, please immediately notify Gerald Sprute by telephone at 425.892.4079 and delete it from your system.

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