Washington Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
Community property with right of survivorship is a legal distinction that allows two spouses to equally share assets through marriage as well as pass on assets to the other spouse upon death without going through probate.
The Revised Code of Washington law allows for three primary forms of co-ownership for real property: joint tenancy, tenancy in common, and community property. Joint tenancy with the right of survivorship is authorized at RCW 64.28. 010.
In Washington, you and co-owners can hold assets in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.
Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy.
Under those laws, if you are married your spouse gets all of the community property. Your spouse will also get some portion of your separate property. How much your spouse receivers depends on your family situation. If you are not married, your children or their descendants split all of your property.
To get title to the property after your death, the beneficiary must record a certified copy of the death certificate in the recording division of the county auditor's office, and provide the documentation to the county treasurer as well. No probate is necessary.
Probate: Washington law does NOT require a probate proceeding to be filed following death, regardless of whether the Decedent died with or without a Will (ie, testate or intestate, respectively).
Non-Probate Assets in the State of Washington Some examples of these assets include the following: Personal vehicles. If the car was owned in joint tenancy with right of survivorship, the title can pass directly to the co-owner of the vehicle.