§2.9 - Nonjudicial Transfers

• Jurisdiction: Washington

§2.9 Nonjudicial Transfers

Community property agreements and joint tenancies with right of survivorship may be used to convey property outside probate.

(1) Community property agreements

Community property agreements are a simple way to convey assets on the death of the first member of a marriage (Chapter 26.04 RCW) or a state registered domestic partnership (Chapter 26.60 RCW). There is no statutory requirement that such agreements be recorded. Upon the death of one spouse or domestic partner, when the other survives and real property is owned, certain documents must be recorded to clear title to real property. These documents are the (1) affidavit of community property, (2) community property agreement, and (3) death certificate. The affidavit generally spells out the parties, the general terms of the agreement, the facts surrounding the death of one party, and a legal description of the real property. For additional guidance on community property agreements, see the WASHINGTON...