Legal Question in Wills and Trusts in Washington

Re: Real Estate and Beneficiary

Thank you for answering my previos question. If the property is in his name, will it need to go through Probate. If they are co-owners, but he has willed it to me, and is is only about 20% of their Community Property, can Probate be avoided?


Asked on 8/19/08, 10:30 pm

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Re: Real Estate and Beneficiary

There are significant parts of your question that I don't understand. Who does "his" refer to? Who are the co-owners? What was the nature of the co-ownership? Who does "he" refer to? If the real property is going to anybody other than a surviving spouse (unless there is a co-ownership with right of survivorship) it has to be probated.

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Answered on 8/19/08, 10:42 pm
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Re: Real Estate and Beneficiary

I agree with Mr. Steuart's answer. You can often avoid probate between spouses with an Affidavit of Heirship but only between spouses and with community property. I strongly suggest you consult with an attorney.

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Answered on 8/20/08, 6:20 am


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