[WSBARP] Deed v Lack of Probate Affidavit

[Stromberg, Spencer]

I agree with Chris and Bryce that an LPA is effective only to provide
notice that title transferred by operation of law - it does not itself
convey title. I may be in the minority, but I think title companies use
LPAs too liberally, and they really are only appropriate to clarify the
rights of surviving spouses with regard to community property or heirs at
law where there is no Will (although I don't really like them for
non-spouses). The fact that there is a statute and a WAC authorizing the
use of LPAs in other scenarios for a REET exemption does not resolve the
fact that an LPA doesn't convey title or constitute administration of the
estate under any statute that I'm aware of. Where there is a Will, I think
RCW 11.04.250 requires probate, even if the devisees are the same as if the
decedent were intestate.

*Spencer A. W. Stromberg*
Attorney at Law


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On Tue, May 2, 2023 at 2:17 PM Bryce Dille <Bryce at dillelaw.com> wrote:

> That the affidavit does not transfer a title, but establishes that there
> is a descedent and that there are heirs under the laws of dissent and
> distribution, and who they are in that title automatically vests in those
> heirs by virtue of RCW 11.0 4.250 and therefore no deed is required.
>
> Bryce H. Dille
> Dille Law, PLLC
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that
> sometimes everything I say does not get properly translated**
>
> On May 2, 2023, at 1:57 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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