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Decedent left a Last Will and Testament which HAS NOT been Probated or Revoked. "Heirs at law" includes surviving spouse, children, adopted children, issue of.You may not need to go to probate court to obtain title to property belonging to a dead person. Submitting an Affidavit. Is the Small Estate Affidavit an option for your family? LACK OF. PROBATE IN WA. Presented by,. Affidavit of facts relating to title or interest in real estate. Sec. 47-12b. If you're not a lawyer and don't understand what a probate is, don't feel bad. This process avoids probate altogether. A certified copy of Decedent's death certificate is attached to this Affidavit.