[WSBARP] Deed of PR Language

[Eric Nelsen]

One purpose of a deed is to provide a coherent chain of title. So I would be sure to list, at a minimum, the name on the original purchase deed (David Scott Alan Johnson) and the name used for the probate (Scott Alan Smith). I would probably include the probate county and case number in the deed recital somewhere also, to make sure title companies know where to look for more information.

I am less concerned about the Deed of Trust, since that’s not a title interest. But if the loan is still not paid off, to make sure any later reconveyance gets linked up to chain of title, might be best to include that name (David Smith) as well.

I think it’s worth doing specific indexing on the front page of the deed also, and as grantor, list every name of the decedent that you mention in the body of the deed. This is my favorite fix for these kinds of problems: when in doubt, use all the names in the deed, and specifically index every alternative name in the grantor/grantee index on the first page, so the recorder’s office captures all the names.

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 Brent Williams-Ruth
Sent: Thursday, March 6, 2025 1:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBARP] Deed of PR Language

Greetings Listmates -

I have a Deed of PR that I need to write. However, I am dealing with a multiple name situation and I would love to get some suggestions so that in 15 years when the parties go to sell, they won't run into a title problem.

Single Family Home originally purchased by M & D, Sibling 1, and Sibling 2.  Sibling 1 is the Decedent. For educational purposes Sibling 1 was identified on the original deed as David Scott Alan Johnson.

Years later there was a Deed of Trust issued where they are identified as David Smith*

*also known as David Scott Alan Johnson. (this notation is actually on the Deed of Trust)

When probate was opened, it was opened using the name on the Death Certificate:  Scott Alan Smith.

The death certificate has an AKA notation of David Smith.

As I am now transferring the interest to their adult child and I would love thoughts on if I should just list all of the names, even the original (pre-marriage) name as part of the PR Deed where I normally have a statement that reads:

as authorized by an Order entered in each of the above-referenced the probate matters on July 23, 2024, to settle the Estate of ...... and then just include (Decedent is also known as.....) and then list all of the names contained in the original purchase Deed and then the Deed of Trust?

Or something else.

Appreciate any insights!

Thank you!
Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

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