What to do if my mother passed away and I am the sole heir and personal representative of her estate?

She owned a piece of property which I would like to donate to a non-profit. I’ve been told that the only way to transfer title is to probate her estate. This land is the only item requiring probate in her estate, so I’d like to avoid the costs and time of probate, if possible. Is a Lack of Probate Affidavit filed with the title company when the donation is made a way around probate, or can the property transfer some other way to the non-profit without probate?

Asked on March 8, 2013 under Estate Planning, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I suggest that you consult with a Wills and trust attorney to review the deed to the property you have written about. If it is in joint tenancy with your name on it, you own it by operation of law most likely. If not, you will need to probate your mother's estate to transfer title of the parcel.

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