[WSBARP] Real Property Missed in Probate

[Diane Kiepe]

Interesting.  Thank you.



Diane Kiepe
Kiepe Estate and Probate, PLLC
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 5:01 PM Mark Anderson <marka at mbaesq.com> wrote:

> 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
> www.mbaesq.com
>
>
> *CONFIDENTIALITY NOTICE *This transmission is confidential and is
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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
>
> 200 N. Mullan Rd., Suite 203
>
> Spokane Valley, WA  99206
>
> 509-280-6414
>
> Confidentiality Notice: This page and any accompanying documents contain
> information that is confidential, privileged, or exempt from disclosure
> under applicable law and is intended for the exclusive use of the
> addressee. This information is private and protected by law. If you are not
> the intended recipient, you are hereby notified that any disclosure,
> copying, distribution, or use of the contents of this information in any
> manner is strictly prohibited.
>
>
>
>
>
> On Thu, Jun 11, 2026 at 3:51 PM Mark Anderson <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
> 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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