[WSBARP] Real Property Missed in Probate

[Diane Kiepe]

Thanks for that insight.  Mine was a misspelling - darn - out those $$$ :)



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 Tue, Jun 16, 2026 at 11:53 AM Dwight Bickel <dwight at dwightbickel.com>
wrote:

> There are lawyers who disagree about how much can be done by recording a
> copy of a prior deed that has some mistake, then changing that original
> deed to correct the mistake, without a signature or acknowledgment. What is
> a minor Scrivener’s Error, compared to the statutory requirements for an
> effective conveyance?
>
> Correcting an address, the spelling of a party name, an obvious error in a
> description, does not require a conveyance.
>
> Adding new land in my opinion requires a conveyance by WA statute, which
> needs a new signature and acknowledgement.
>
> However, title companies are probably not going to require reopening the
> Probate if the previous record shows that the missing property was
> administered and was within the authority of the PR when the deed without
> the additional parcel was signed. I would ask for that PR to sign the
> correction, which is the copy of the initial deed, corrected, with a new
> signature and acknowledgment, where the PR recital is accurate that the
> deed was initially signed while the Probate was opened and while the PR had
> power.
>
> Dwight A. Bickel
>
> Real Property Title Advisor
>
> Washington Title Professional
>
> Dwight at dwightbickel.com
>
> http://dwightbickel.com
>
> 206-484-1976
>
>
> 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
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