[WSBARP] Real Property Missed in Probate

Wed Jun 17 08:25:19 PDT 2026

My personal thought is that the additional costs and hassle are preferable
to the potential of stalling or even killing a deal due to a gap in title
(from the estate to the surviving spouse).

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 Tue, Jun 16, 2026 at 3:31 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> Here is a wrinkle to the original question. Surviving Spouse client
> gifting home to child. Turns out there was probate and SS was the Personal
> Representative and sole beneficiary after the exempt amount went into trust
> (with SS as trustee). The home was never deeded out of the estate and the
> probate was closed.
>
>
>
> Reopening the probate and recording deed to surviving spouse so they can
> turn around and gift out the property seems excessive, but. . . . is that
> really the only option. Is a QCD from surviving spouse to child enough,
> knowing the title company is going to dig through the probate later when
> asked to insure, to ensure that surviving spouse really inherited the
> property.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *(she/her)*
>
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> This summer our office will be OPEN Monday through Thursday and CLOSED on
> FRIDAYS (May 29, 2026 through September 4, 2026)
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Tuesday, June 16, 2026 1:15 PM
> *To:* Dwight Bickel <dwight at dwightbickel.com>; WSBA Real Property
> Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Real Property Missed in Probate
>
>
>
> 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
> 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.
>
>
>
> *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
>
> 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
> <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=>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/b657a580/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/b657a580/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/b657a580/image002.png>