[WSBARP] Probate or Record Will?

[Eric Nelsen]

I think it has to be a probate, if death is within the last 2 years. Even afterward, since it's separate property going to a surviving spouse, I think the Will really needs to be adjudicated in some fashion. The Court needs to issue an order confirming the validity of the Will. Whether that's a full blown probate or simply an adjudication of testacy, I think that depends on whether the rest of the probate process would be helpful in resolving any other issues.

I do not think there is ever a circumstance where recording a Will in the deed records will be sufficient. A Will is legally ineffective to pass title until it's been adjudicated as valid, per RCW 11.04.250: "...PROVIDED, That no person shall be deemed a devisee until the will has been probated."

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 Jeff at bellanddavispllc.com
Sent: Monday, September 25, 2023 2:06 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate or Record Will?

Listmates:

This is really a title question.  H inherits real property (2 parcels) as his separate estate.  H dies.  His Will leaves everything to W.  If W records the original Will, will that satisfy a title company to insure the sale of both parcels (to different people) or must W probate the Will?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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