What needs to be done before property can be sold to me whose owners are deceased?
Full Question:
Answer:
In order to transfer property of a deceased person, the estate of the person needs to go through the probate process. If a will exists, the executor named in the will be be the person responsible for transferring the property of the estate. If no will was created, the court will appoint an administrator to transfer property of the deceased. The executor or administrator may transfer the real property by way of a fiduciary deed, also referred to as an executor's deed.
In order to be granted letters testamentary or letters of administration, which grant the authority to handle the estate of the deceased and deed property, a petition must be filed with the court. If the deceased left assets that are valued at no more than $100,000, the estate may be administered under a summary procedure called small estate administration, which is generally quicker than the formal probate process. The petition for small estate administration must be filed no sooner than 40 days after the death of the decedent. I suggest you consult with a local attorney who can review all the facts and documents involved.
The following are WA statutes:
RCW 11.28.110 Application for letters of administration or adjudication of intestacy and heirship.
Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his attorney, and filed with the court, which petition shall set forth the facts essential to giving the court jurisdiction of the case, and state, if known, the
names, ages and addresses of the heirs of the deceased and that the deceased died without a will. If the application for an adjudication of intestacy and heirship does not request the appointment of a personal representative and the court enters an adjudication of intestacy no
further administration shall be required except as set forth in RCW 11.28.330 or 11.28.340.
RCW 11.62.010 Disposition of personal property, debts by affidavit, proof of death . Contents of affidavit . Procedure . Securities.
(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an
asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of his or her death;
(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;
(d) That forty days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or
has been granted in any jurisdiction;
(f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;
(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;
(h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of
the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and
(i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein.
(3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person
which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a
successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.
(4) No release from any Washington state or local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section.
(5) A copy of the affidavit, including the decedent's social security number, shall be mailed to the state of Washington, department of social and health services, office of financial recovery.
RCW 11.54.010 Award to surviving spouse or children . Petition.
(1) Subject to RCW 11.54.030, the surviving spouse of a decedent may petition the court for an award from the property of the decedent. If the decedent is survived by children of the decedent who are not also the children of the surviving spouse, on petition of such a child the court may divide the award between the surviving spouse and all or any of such children as it deems appropriate. If there is not a surviving spouse, the minor children of the decedent may petition for an award.
(2) The award may be made from either the community property or separate property of the decedent. Unless otherwise ordered by the court, the probate and nonprobate assets of the decedent abate in accordance with chapter 11.10 RCW in satisfaction of the award.
(3) The award may be made whether or not probate proceedings have been commenced in the state of Washington. The court may not make this award unless the petition for the award is filed before the earliest of:
(a) Eighteen months from the date of the decedent's death if within twelve months of the decedent's death either:
(i) A personal representative has been appointed; or
(ii) A notice agent has filed a declaration and oath as required in RCW 11.42.010(3)(a)(ii); or
(b) The termination of any probate proceeding for the decedent's estate that has been commenced in the state of Washington; or
(c) Six years from the date of the death of the decedent.
RCW 11.54.020 Amount of basic award.
The amount of the basic award shall be the amount specified in RCW 6.13.030(2) with regard to lands. If an award is divided between a surviving spouse and the decedent's children who are not the children of the surviving spouse, the aggregate amount awarded to all the claimants
under this section shall be the amount specified in RCW 6.13.030(2) with respect to lands. The amount of the basic award may be increased or decreased in accordance with RCW 11.54.040 and 11.54.050. RCW 11.54.030 Conditions to award.
(1) The court may not make an award unless the court finds that the funeral expenses, expenses of last sickness, and expenses of administration have been paid or provided for.
(2) The court may not make an award to a surviving spouse or child who has participated, either as a principal or as an accessory before the fact, in the willful and unlawful killing of the decedent.
RCW 11.54.060 Priority of awarded property . Effect of purchase or encumbrance on property.
(1) The award has priority over all other claims made in the estate. In determining which assets must be made available to satisfy the award, the claimant is to be treated as a general creditor of the estate, and unless otherwise ordered by the court the assets shall abate in satisfaction of the award in accordance with chapter 11.10 RCW.
(2) If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the award the property must be valued net of the balance due on the contract and the amount of the encumbrance. The property awarded will continue to be subject to any
such contract or encumbrance, and any award in excess of the basic award under RCW 11.54.010, whether of community property or the decedent's separate property, is not immune from any lien for costs of medical expenses recoverable under RCW 43.20B.080.
RCW 6.13.030 Homestead exemption limited.
A homestead may consist of lands, as described in RCW 6.13.010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, manufactured homes, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of one hundred twenty-five thousand dollars in the case of lands, manufactured homes, mobile home, and improvements, or the sum of fifteen thousand dollars in the case of other personal property described in RCW 6.13.010, except where the homestead is subject
to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, in which event there shall be no dollar limit on the value of the exemption.
