[WSBARP] Can deed be recorded post-mortem?

[Jon Fritzler]

Listmates,
Client and his now deceased wife ("decedent") were married in 1996.  The resided in a house that decedent owned prior to the marriage. In 2011, wife signed a Quitclaim Deed transferring the house to client with the intention that it be recorded after her death to avoid probate.  The deed lists only the address of the property and does not provide a legal description.  I believe a deed can be recorded post-mortem, correct? However, a deed must have a full legal description of the property to be effective, correct?

Assuming the deed can't be recorded due to the lack of legal description, my question is if this can be handled with a Lack of Probate Affidavit instead of a probate.  The decedent had children from a previous marriage but had a Will that left her residuary estate, which includes the house, solely to client.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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