[WSBARP] JTWROS Question

[John McCrady]

Title to real property passes at death to the heirs and devisees of the deceased person.  The Lack of Probate Affidavit does not transfer the title; it only provides notice to third parties of the information that can be used to determine who currently holds that title (the identity of the heirs and devisees)
I would look at the title of the father-in-law and mother-in-law.  Was it held as community property?  Did mother-in-law have a will?  Was there a community property agreement that could be recorded?

If they held title as community property and there was no will leaving the interest otherwise, as I understand your facts I would:

  1.  Record the death certificate (and CPA if any)
  2.  Record the lack of probate affidavit
  3.  Record a deed from client and wife, husband and wife and Father-in-law, surviving spouse of Mother-in-law, deceased, to Client and Wife and Father-in-law, a single man, as joint tenants with rights of survivorship and not as tenants in common.
As I understand your scenario I think that would accomplish your goal.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
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 Kevin Bukoskey
Sent: Tuesday, January 6, 2026 9:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] JTWROS Question


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Hi Listmates,

I have a potential client who owns real property with his wife, father-in-law, and mother-in-law. Title is held by the four of them, and the deed does not specify “Joint Tenancy,” so ownership is presumably as Tenants in Common. His mother-in-law recently passed away with no probate.

The parties are looking to:

1.    Remove the mother-in-law from title; I believe this can be accomplished via recording a lack of probate affidavit and a death cert., but correct me if I’m wrong here.

2.    Convert title for the remaining owners—the client, his wife, and the father-in-law—to Joint Tenants with Right of Survivorship via a QCD pursuant to RCW 64.28.010<http://app.leg.wa.gov/RCW/default.aspx?cite=64.28.010>. I’ve never done this before, but it seems that the RCW provides for TIC to become JTWROS through a deed. But if so, will this be an issue with the decedent currently on title?
Thanks.

Kevin A. Bukoskey, Esq., JD, MBA

Attorney

GOURLEY LAW GROUP

THE EXCHANGE CONNECTION

SNOHOMISH ESCROW

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092



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