The Affidavit for Lack of Probate is the core document generated by the CPA Administration Package. It is a sworn statement the client executes before a notary confirming the decedent's marital status, the property's community property character, the validity and effect of the Community Property Agreement (CPA), and the status of any Will.
Title companies, county recorders, and financial institutions use this affidavit to confirm the legal basis for transferring property to the surviving spouse without probate. Recording the affidavit with the county recorder clears title to real property. Financial institutions typically require a certified copy together with the death certificate to transfer account assets.
This article covers the Affidavit for Lack of Probate as generated by the CPA Administration Package.
Who Signs the Affidavit
The affidavit is signed by the client — the person entered on the Client Information tab. In most cases this is the surviving spouse. It can also be an adult child or other individual assisting the spouse, in which case they sign in their own name with no additional designation.
The affiant executes the affidavit under penalty of perjury before a notary. The notary state and county are entered on the Pleading Formatting tab and populate the signature block automatically.
How the Affidavit Is Structured
The affidavit is organized into numbered sections. The system generates each section based on the answers entered throughout the interview. The sections and their content are described below.
Affiant Status
Identifies the affiant and their relationship to the decedent — typically as the surviving spouse. If the client is someone other than the surviving spouse, the affiant is identified by their own relationship to the matter.
Marital Status
Confirms the decedent was married at death and identifies the surviving spouse by name.
Real Property
Describes the property being transferred and how it became community property. There are three paths, selected on the Real Property tab:
The property was community property from acquisition — always held in both spouses' names as community property. The affidavit cites the deed by date, recording number, and county, and states that the property was community property at the time of the Decedent's death.
The property was originally separate property and was later converted to community property by a separate conversion deed. The affidavit cites both the original deed (if applicable) and the conversion deed by date, recording number, and county.
The property was originally separate property and was converted to community property by the CPA itself. The affidavit cites the CPA by its recording date, recording number, and county — using the CPA recording information entered on the Community Property Agreement tab. No separate deed recording information is needed for this path.
Community Property Agreement
Confirms the CPA exists, identifies it by execution date, states that a copy is attached, and confirms that by its terms all community property vests automatically with the surviving spouse at the Decedent's death. If the CPA was recorded, the recording information is cited.
Will and Probate Status
Addresses the Decedent's Will — or the absence of one. There are three options, determined by the answers entered on the Case Details tab:
The affidavit states that the Decedent died intestate, that no probate proceeding has been opened, and that the CPA supersedes the Washington intestacy statutes with respect to community property. The heirs-at-law are identified in the heirs and beneficiaries table.
The affidavit identifies the Will by date, states that it has not been offered for probate, and confirms that the CPA supersedes the Will with respect to community property. A copy of the Will is attached. The Will's beneficiaries are identified in the heirs and beneficiaries table.
The affidavit identifies the Will by date, references the probate court order admitting the Will to probate by court county and cause number, and confirms that the CPA supersedes the Will with respect to community property. A certified copy of the Order Admitting Will to Probate is attached. The Will's beneficiaries are identified in the heirs and beneficiaries table.
Heirs and Beneficiaries Table
Lists all of the Decedent's heirs-at-law (intestate) or Will beneficiaries (testate) with their names, last known addresses, relationships to the Decedent, and ages. This table is populated from the parties entered in the interview and their assigned roles on the Assign Roles tab.
| Intestate estate | Parties assigned the Heir role appear in the table as heirs-at-law. |
| Testate estate (Will not probated) | Parties assigned the Probate Estate Beneficiary role appear in the table as Will beneficiaries. |
| Testate estate (Will probated) | Parties assigned the Probate Estate Beneficiary role appear in the table as Will beneficiaries, with a reference to the probate court order. |
Enter and assign all interested parties before assembling
The heirs and beneficiaries table is populated from role assignments on the Assign Roles tab. Any heir or beneficiary not entered as a party — or not assigned the correct role — will be omitted from the table. Review party entries and role assignments before generating the affidavit.
Debts and Expenses
Confirms that all of the Decedent's debts and expenses have been paid in full.
Tax Status
Three separate tax confirmations are included based on the answers entered on the Case Details tab:
- Federal estate tax — either that the estate is not subject to federal estate tax, or that any tax due has been determined and paid
- Washington state estate tax — either that the estate is not subject to Washington estate tax, or that any tax due has been determined and paid
- Washington DSHS assistance — either that the Decedent did not receive state assistance subject to recovery, or that any DSHS liability has been satisfied
Purpose
Confirms the community property character of the estate and the legal basis for transfer under the CPA. If the transfer is being made to satisfy a title insurance company's requirements, an optional inducement paragraph is added — selected on the Real Property tab — addressing the title company's reliance on the affidavit.
Required Attachments
The affidavit references several attached documents. The applicable attachments depend on the facts of the matter:
| Certified copy of death certificate | Always required. |
| Copy of the Community Property Agreement | Always required. |
| Legal description attachment page | Always included — the legal description of the property is attached as a separate exhibit. |
| Copy of deed | Required when the property was acquired as community property or converted by a separate deed. |
| Copy of Will | Required when the Decedent had a Will, whether or not it was offered for probate. |
| Certified copy of Order Admitting Will to Probate | Required when the Will was admitted to probate. |
| IRS Estate Tax Closing Letter | Required when federal estate tax was due and paid. |
| Washington Department of Revenue Release | Required when Washington state estate tax was due and paid. |
The affidavit body references attachments by exhibit letter. Gather and organize all applicable attachments before recording or submitting the affidavit.
Recording and Submission
To transfer title to real property, the affidavit, along with the required attachments, must be recorded with the county recorder in the county where the property is located. No real estate excise tax is due on this transfer under WAC 458-61A-202(4), and recording is authorized under WAC 458-61A-202(8)(a).
For financial institution transfers, a certified copy of the affidavit together with a certified death certificate is typically sufficient. Financial institutions may rely on these documents under RCW 30A.22.190(1) and RCW 11.02.120.