[WSBARP] Warranty fulfillment deed

[Dwight Bickel]

In my opinion, having done that several times, the legal answer is probably "no," but the title company answer can be "yes."

I don't think the foreign court's jurisdiction enables it to affect the title to WA real property. However, I do believe that court's jurisdiction over the estate, and its authority given to the PR, does extend to actions of the parties conducted outside that state. Therefore I have often accepted a fulfillment deed executed by a PR as authorized by a foreign state. No later consequence known to me.

So if there was ambiguity or a perceived risk of disagreement, the legal answer is for an ancillary proceeding in WA, that will recognize the foreign state court's authority and can authorize the PR to act within WA, or can directly order a change in title. What a wasteful procedure.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

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