[WSBARP] Deed v Lack of Probate Affidavit

Britt, Christopher christopher at lucentlaw.com
Tue May 2 14:08:39 PDT 2023


This has been a matter of debate within our firm but one take would be that
real estate passes immediately upon death by operation of law.  The lack of
probate affidavit is more informational in nature to inform title industry
professionals know what happened to that decedent for the purposes of
understanding title.

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 Tue, May 2, 2023 at 2:00 PM Mark Anderson <marka at mbaesq.com> wrote:

> I’ve gotten some conflicting and/or inconclusive input in response to this
> question.
>
> Is a Lack of Probate Affidavit (LPA) effective to convey fee simple
> title?  If your answer is “yes,” please explain how it meets the
> requirements for a Deed under RCW 64.04.010.
>
> Thanks.
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
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> marka at mbaesq.com
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>
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