[WSBARP] Quit Claim Deed without Lack of Probate Affidavit

[Douglas Scott]

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


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On Mon, Jun 30, 2025 at 3:51 PM Doris Eslinger <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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