[WSBARP] Quit Claim Deed without Lack of Probate Affidavit

[Doris Eslinger]

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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