[WSBARP] Real Property Missed in Probate

[Mark Anderson]

Dear All:
Husband and Wife owned a parcel of real property with the house on it (Parcel 1).  Husband and Wife were also part owners as tenants-in-common with three other parties of a separate parcel that was used as a community drain field (Parcel 2).  Parcel 2 serves as the drainfield for Parcel 1 and is connected to Parcel 1 by a septic drain line.
Wife died in 2003.  Husband opened testate probate and was appointed as the Personal Representative.  As PR, Husband conveyed Parcel 1 according to the terms of Wife's Will.  It does not appear that Husband did anything with Wife's interest in Parcel 2.  Husband filed a Declaration of Completion and the case was closed.
The other joint owners of Parcel 2 are now trying to clear up the ownership interests.  Here are some options I see for dealing with Parcel 2.

  1.  Reopen probate, execute and record a deed, close probate.  Husband is still alive but probably not in a condition where he could serve effectively as the Personal Representative of the Estate if it were to be reopened.
  2.  Rerecord the personal representative's deed with a corrected legal description of property being conveyed.
  3.  Clear title through a quiet title action.
I'm inclined to try option #2, but I would like to know what other ideas the rest of you may have.
Thanks.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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