WA Lack of Probate Affidavit 1

LACK OF PROBATE AFFIDAVIT

Date: _____________________

Order No.: _________________

Note: All applicable questions must be answered fully. Notwithstanding Stewart Title Guaranty's possible willingness to insure this transaction without a probate of the decedent's estate, you are advised to consult with an attorney regarding the benefits of conducting a probate. A certified copy of the Death Certificate must be attached to this Affidavit.

The undersigned, being first duly sworn, and with the understanding that Stewart Title Guaranty Company will be relying on the information contained herein in determining whether or not to insure title to real property, deposes and says:

1. The undersigned is the ____________________________ (relationship to decedent) of ______________________________ (name of decedent), who died on ___________________ __________ (date of death) at______________________________________________(City), ______________________________(County), ________________________________(State).

2. At the time of his/her death, the decedent was a legal resident of ______________________ _______________(City), ________________________(County), _________________(State).

3. Initial one of the following:

___ Decedent left no last Will; or

___ Decedent left a last Will which has not been probated, and a true copy of which is attached hereto, and the same was never revoked; or

___ Decedent left a last Will which was probated in _________________________ County, State of _____________________, and an authenticated Distribution is attached hereto.

4. If the undersigned is the surviving spouse of the decedent, initial any of the following which apply:

deceased acquired the property described in the above-referenced title order as community property under deed dated ___________________ and recorded under ______________________ County recording number _______________; or

___ The undersigned and the deceased provided for the conversion of the property described in the above-referenced title order from separate property to community property by deed dated ________________________ and recorded under _______________County recording number _________________________; or

___ The undersigned and the deceased provided for the conversion of separate property to community property and for the disposition of all community property by a Community Property Agreement dated ____________________ and recorded under ________________ County recording number _________________.

5. A complete list of the living heirs at law of the decedent, and their ages, relationship to decedent and current address, is as follows (attach a separate page, if necessary). NOTE: The "heirs at law" include, but are not limited to, the decedent's spouse, children (natural or adopted), parents, brothers, sisters, grandchildren, and great-grandchildren).

 

Full Name Age Relationship Complete Address


Full Name Age Relationship Complete Address


Full Name Age Relationship Complete Address


Full Name Age Relationship Complete Address


Full Name Age Relationship Complete Address


Full Name Age Relationship Complete Address

 

6. All the debts of the decedent, including, but not limited to, all expenses of decedent's last illness, funeral and burial, and all applicable federal and state succession or inheritance taxes, have been fully paid, except as follows: _________________________________________________________________________
__________________________________________.

7. The decedent was _______ years of age on the date of their death.

8. Question 8 should only be answered if the deceased was 55 years or older at the time of their death.

a. Did the decedent receive assistance from the State of Washington, Department of Social and Health Services for subsistence or medical care (Medicaid/Welfare):

___ Yes ___ No ____ I don't know

b. If the answer to 8(a) is "yes" or "I don't know," did the decedent's spouse, at the time of the decedent's death, live on the property described in the above-referenced title order?

___ Yes ___ No ____ I don't know

9. As of the date of death, the total value of the decedent's estate was approximately $______________________.

This affidavit is made to induce Stewart Title to issue its policies of title insurance on real property passing to the surviving heir(s) in reliance upon the representations hereinabove set forth.

Note: A request to insure may be required from an attorney, and deeds may be required from heirs or devisees of the decedent.

____________________________________________
Affiant's Signature

____________________________________________
Printed Name of Affiant


Address

Phone Number

State of:___________________________


County of:_________________________

I certify that I know or have satisfactory evidence that ________________________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: _________________


Signature ______________________

Title ____________________________


My appointment expires:

Seal or Stamp

For issuing guidelines on this form, see Guidelines