[WSBARP] Real Property Missed in Probate

Wed Jun 17 14:41:11 PDT 2026

The Will said everything went to the spouse.  So, yes, title to both parcels vested in the spouse.  The PR deed as recorded only addressed the residence property.  How would one “paper” any subsequent conveyance of the drainfield property?

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.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Wednesday, June 17, 2026 9:27 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Property Missed in Probate

Was there a will in which the surviving spouse was to be awarded the home?  In that case, since title vests at death in the heirs and devisees (subject to administration) and the will was entered into probate and the probate was administered and closed, I would consider the title to be vested in the surviving spouse notwithstanding the lack of a deed.
But perhaps I missed an important fact.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

[cid:image001.png at 01DCFE66.FEF9B810]

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Heather de Vrieze
Sent: Tuesday, June 16, 2026 3:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Real Property Missed in Probate

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
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
[cid:image002.jpg at 01DCFE66.FEF9B810]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.westseattlelaw.com%2f&c=E,1,4VN5FqQW_JCw-HznwRIJKe_t8vc9xz3-dBRK_MamQMNJQm1FgS1OAVk82GcFiUNWwdTRfiJq6JymjKJCDcewm9kc1SPs6tB0K68VG9kFva6kW-dhcC8,&typo=1>

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:   [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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto:dwight at dwightbickel.com>>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:marka at mbaesq.com>
www.mbaesq.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.mbaesq.com%2f&c=E,1,wSx7jLCmoImeIcjHN4x1JyAI0Ukf14x1jtzYwBQFrmUiaggqsbYqj2rxvCDTmUEGvkvcXiTLrXDUicpAnahr1uvwVdzLyxPhK1xkG2gdC7zV1yrjWUbqHLg-Ywo,&typo=1>
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<mailto:dwight at dwightbickel.com>>
Sent: Tuesday, June 16, 2026 11:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Cc: Mark Anderson <marka at mbaesq.com<mailto: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<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fdwightbickel.com&c=E,1,mDN0K8ik5cjd26G6hXRlPIdDxEe0SUwwYuGsa5O5KGvi09tnJcMknZ_aK-QN_vjaSyWNMGAH4TWOkOzD8tAytTr4QC8f5xSn9qRKUABT9OJXfR4,&typo=1>

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=>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/4b7602ef/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 40410 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/4b7602ef/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/4b7602ef/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 18009 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260617/4b7602ef/image003.png>