[WSBARP] CPA, Death Certificate, LOPA, and REETA

[Nick Pleasants]

Hi Mark,
The question of whether a LOPA is useful or necessary when there is already a CPA would depend on the title company, if husband ever sells. In my experience, Title Companies will ask for the LOPA if a sale occurs less than 24 months after the spouse died as an indemnity for unknown creditor claims, but that often does not get recorded. It is for Title Company to insure title against potential debts of the Decedent.
Generally speaking, on the death of the first spouse, I would record the CPA and Death Certificate separately (death certificates have a much reduced recording fee of $18 plus $1/page). That way they are both indexed. I don't think a REETA is required to record either of those documents because it is not a transfer of land, it is simply making a public record of certain facts.
I know there are some Title Officers on here. Please correct me if I am wrong.
Nicholas Pleasants | Shareholder
[OseranHahnAttyatLaw 8]
11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, July 16, 2026 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] CPA, Death Certificate, LOPA, and REETA

Dear All:
Husband and Wife had a Community Property Agreement that was never recorded.  Wife died.  No probate.
To clear title in the name of the Husband, I plan to record the CPA and the Death Certificate together.  Or do they have to be recorded separately, i.e., CPA first then the DC?
Is a Lack of Probate Affidavit needed?
With answers to these questions, I suppose I can figure out if a REETA is needed as well.
Thanks in advance for offering me some common sense here.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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