[WSBARP] Real Property Missed in Probate

[Mark Anderson]

The "correction deed" is actually a really a re-record of the original deed, does annotated to reflect the revisions.  The deed itself does not need to be re-executed.  The only possible snag I might see is determining who signs the real estate excise tax affidavit.  If I were to sign as agent, I would still have to ask, "agent for whom?"

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Diane Kiepe
Sent: Thursday, June 11, 2026 4:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Property Missed in Probate

I could be wrong but I actually think you have to reopen the estate.  A quiet title action seems more then is necessary. For the correction deed, I assume it would have to be signed by the person who holds authority to sign, which is the Personal Rep. I'd love to be wrong in this case.  Let me know.



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com<mailto:diane at kiepelaw.com>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-280-6414
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On Thu, Jun 11, 2026 at 3:51 PM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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