[WSBARP] Can deed be recorded post-mortem?

[Eric Nelsen]

Agree—I think the QCD is not effective and no point in recording it, and probate of the Will that leaves everything to the client is the way to go. Otherwise, the decedent’s children from a prior relationship will have potential interests as heirs at law. Need to probate the Will—or at the least, adjudicate testacy without appointment of a PR—to make the Will effective.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Britt, Christopher
Sent: Monday, August 21, 2023 1:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can deed be recorded post-mortem?

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
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Spokane, WA 99203-2278

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

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