When a loved one passes away and their name is still on a Washington property title, families often ask one urgent question: “Do we really have to open probate just to update the deed?”

In some cases, the answer may be no. A Lack of Probate Affidavit can sometimes help families update or clarify title without opening a full probate case. But it does not work for every estate, every family, or every property situation. Using it incorrectly can create title problems, delay a sale or refinance, or force the family into probate later.