[WSBARP] Real Property Missed in Probate

[Mark Anderson]

Although that might satisfy one or more title companies, do you think that the PR can do that now that he is no longer the PR?

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: Dwight Bickel <dwight at dwightbickel.com>
Sent: Tuesday, June 16, 2026 11:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Mark Anderson <marka at mbaesq.com>
Subject: Re: [WSBARP] Real Property Missed in Probate

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<mailto: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<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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=4gw1oV2Emd2PWfQ5PdHy3HdDlBRYELlqWS37d3qXZZ1hMU-CybfYTM3vRqZkIUvt&s=yQyeJqzMIor_dpbhKmojUEdpEUXX9zsYGJyvlLbu064&e=>
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