[WSBARP] Can deed be recorded post-mortem?

[Britt, Christopher]

That's a wild ride.  I'm not sure that the transfer was ever effective as
there was no legal description on the deed.  From the moment that it was
executed, the conveyance would have been made but for the fact that it was
missing the legal description.  The description must be sufficiently
definite to locate the land without recourse to oral testimony, or it must
contain a reference to another instrument that contains a sufficient
description. This is necessary to meet the requirement of the statute of
frauds. There may be additional facts that can help.

Still, it seems as though you have the other avenue - taking it to probate
court.  That is what I would do in this case.

Christopher G. Britt, M.A., J.D.

Attorney at Law

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278


P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)

E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com


On Mon, Aug 21, 2023 at 12:56 PM Jon Fritzler <FritzlerLaw at outlook.com>
wrote:

> 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
>
>
>
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