[WSBARP] Quit Claim Deed without Lack of Probate Affidavit

[Doris Eslinger]

Thank you for your suggestion.  It turns out the father left a Will leaving estate to my client and his sister.  I will proceed creating a LOPA for the parents’ estates, and a deed for the daughter to deed her interests in the estates.

Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE, Suite 200
Bellevue, WA 98004
Phone: (425) 451-3237

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Monday, June 30, 2025 8:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Quit Claim Deed without Lack of Probate Affidavit

You may need a lack of probate affidavit for both the mother and the father estates in order to vest title in the heirs (son and daughter).  Then the daughter can deed whatever interest in her parent's estates she might have had to the son.
DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com<http://www.rainieradvocates.com/>


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On Mon, Jun 30, 2025 at 3:51 PM Doris Eslinger <doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com>> wrote:
I have a situation where Son, Father and Mother owned real estate as TIC.  When mother died a few years ago, an attorney recorded a quit claim deed transferring Son and another daughter’s interest in the real estate by a QCD as the heirs of Mother’s estate to Father. Probate was not opened and the WAC used was 458-61A-215(2)(B) with the reason for exemption being “clearing title of deceased spouse”.  Father recently died, and Daughter wants all of her interest in the real estate  to go to Son.  Father had no Will and my client (the son) doesn’t want to open probate.    I was going to record a lack of probate affidavit by Son and Daughter, and then a QCD transferring late Father’s interest to Son.   But I also wonder if I can just record a Quit Claim Deed for daughter to exit title without the LOPA, and use  458-61A-215(2)(B) for the exemption (similar to what the previous attorney did).  In that case, does Son also need to sign the QCD as a grantor?  Son is currently a co-tenant with Father and Father’s interest will all vest in the son so son is not exiting title? Thank you for your help.


Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE, Suite 200
Bellevue, WA 98004
Phone: (425) 451-3237

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