transfer of title upon death of an...
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Transfer of Title Upon Death of an OwnerProbate and Lack of Probate
Stephanie A. Earhart, Esq.Washington Land Title Association
Education SeminarKennewick, WA, September 14, 2019
Lynnwood, WA, October 19, 2019
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The Three “Ds” of Title ExaminationDeathDivorce Debt
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Roadmap
• Basic definition• Examples:
• Probate with a will• Probate without a will• Lack of probate• Operation of law
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Basic DefinitionsProbate: Estate fully administered in Superior CourtLack of probate: Estate has not been fully administered
in Superior Court
Deceased: DeadDecedent: The dead person in question
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Basic Definitions• If there is a will, the decedent died testate.
If the will is probated, the people who take under the terms of the will are called devisees.
• If there is no will, the decedent died intestate.People who inherit outside of the probate processare called heirs at law.
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William Jones took title as a single man and never married. He dies. There is a will giving his friend, Sally, his home. His sister, Joy, was named personal representative in the will and there is currently an active probate case.
Example #1
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Probate with a will• Order
• Admission of the will• Appointment of Personal Representative• With or without non-intervention powers• With or without bond• Solvency
• Letters Testamentary
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Order and Letters
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When Probate is Completed
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William Jones took title as a single man and never married. He dies. There is no will. He is survived by a sister and his parents. His family decides to probate his estate.
Example #2
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Probate without a will
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William Jones took title as a single man and never married. He dies. There is no will. He is survived by a sister and his parents. His family will not be probating his estate.
Example #3
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Lack of Probate
• Proof of death
• Lack of Probate Affidavit
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Lack of Probate Affidavit• Is there a will?• Who are the heirs?• Is there a community property agreement?• Evidence of payment of debts?• Is the estate solvent?
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Laws of descent-RCW 11.04.015General order of distribution:1. Spouse/domestic partner2. Children3. Children of children4. Parents5. Brothers and sisters6. Grandparents
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Amy and Robert Jones took title as a married couple. Robert dies. There is a recorded Community Property Agreement. The estate has not been probated.
Example #4
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Statutory Transfers by Operation of Law
Examples (non-exhaustive list):• Community property• Joint tenancy• Transfer on death deed (TODD)
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Amy and Robert Jones took title as a married couple. Robert dies. The estate has not been probated.
Example #5
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Contact InformationStephanie Earhart, Title OfficerAttorney’s Title of Kitsap County10356 Silverdale Way, Silverdale, WA 98383(360) [email protected]