Washington Community Property Affidavit for Recordation

Category:
State:
Washington
Control #:
WA-S003ST
Format:
Word; 
Rich Text
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Description

This Affidavit converts generally upon the death of the first spouse, all of that spouse's separate property over to community property, and transfers all the community property to the surviving spouse.
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How to fill out Washington Community Property Affidavit For Recordation?

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FAQ

Washington is one of eight of the few remaining community property states in the United States. Under Washington law, community property is the property acquired while the spouses were married.

The Small Estate Affidavit. Washington law permits the use of a small estate affidavit in certain circumstances. Before using a small estate affidavit, you should first ask whether the deceased person had less than $100,000 in probate assets. If they did, you can probably use this process.

Community Property Law in the State of Washington Here are some examples of separate property: The balance of your bank account before marriage. Property you owned before marriage. Vehicles you owned before marriage.

Washington law allows a husband and wife or domestic partners to sign and notarize a community property agreement, a document that automatically transfers an individual's community property shares at his or her death to his or her spouse or registered domestic partner.

Probably not. Washington law permits spouses to make agreements concerning the character of their assets. Community property may be changed to separate property.

In Washington, married couples and registered domestic partners can avoid probate by signing a Community Property Agreement (CPA). In the agreement, the couple agrees that when one of them dies, all of that person's property will pass directly to the other.

Many states follow ?common law? rules to determine who owns assets or property after a marriage, but that's not the case in the state of Washington. In Washington state (and eight other states, as well), ?community property law? is used to determine property ownership after a marriage.

The ?Affidavit of Successor? may be used to claim a debt or personal property from any person or organization indebted to or having possession of any personal property belonging to a decedent. Please note this affidavit is only to be used to claim a debt or personal property.

More info

Surviving Spouse Succeeding to Title to Community Property (Probate Code §13540). Record a copy of the CPA if it has not already been recorded there.Record an executed: Community Property Affidavit for Recordation (re Real Property) form. A CPA must be recorded if it is used to transfer real property. Deed Recordation Tax. The recording of all deeds to real estate in the District. A husband and wife may own real property as community property with the right of survivorship. For recording in connection with claiming an exemption from real estate excise tax. For your divorce, fill out the Affidavit of Indigency. State Law requires a Property Transfer Affidavit to be filed whenever real estate is transferred (even if you are not recording a deed).

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Washington Community Property Affidavit for Recordation