In re the Estate of Ratcliff

Albert Ratcliff appeals from an order dismissing his petition for an award of homestead in the separate property of Mildred Ratcliff.

Albert Ratcliff raises the following issues: (1) After probate of a will is commenced, can a surviving spouse declare a homestead on the separate property of the decedent under RCW 11.52.020, which appears to be contrary to RCW 6.12.030? (2) Does RCW 11.04.250, which vests title in the beneficiaries of the decedent's will immediately upon the testator's death, preclude a surviving spouse from declaring a homestead in the separate property of the decedent where…