[WSBARP] Probate or Record Will?

John McCrady j.mccrady at pstitle.com
Mon Sep 25 15:39:30 PDT 2023


The will has no effect for a title company until it is probated, except that it would be evidence of who can claim title.
Since the property was the husband's separate estate, under intestacy his heirs would inherit a share of the property.
A title company would look carefully at a lack of probate affidavit and extrinsic evidence to see if there are heirs other than the surviving wife.


John McCrady
Counsel
Puget Sound Title Company
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University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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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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