Asked in Real Estate Law and Probate for Washington

Q: Brother passed away with no will. He only had property. Which bank note is paid in full. Stepfather placed lean on deed.

How to keep property from probate?

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1 Lawyer Answer
Michael D. Whipple
Michael D. Whipple
  • Probate Lawyer
  • Spokane, WA
  • Licensed in Washington

A: The best course to resolve these issues (i.e. transfer of real property and efficacy of lien) is to use the probate process. Depending on whether he was married at death, his spouse or an interested party may open probate by seeking appointment as the "Personal Representative" (executor) of the estate. Then, with the help of an attorney, use the probate process to transfer of property to heirs under Washington intestacy law.

I would have to see the lien itself to judge whether it was enforceable or not.

Michael Whipple

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