A community property agreement is a powerful document that allows married couples to transfer all assets to the surviving spouse.

You may have heard that Washington is a “community property state.” This means that both spouses have an ownership interest in all assets acquired during the marriage. Upon the death of one spouse, community property assets automatically belong to the survivor.

Some people rely on community property laws to transfer their assets after death. However, there are exceptions to community property rules, so a properly executed community property agreement will likely be necessary to avoid probate proceedings upon the death of the first spouse. Instead of opening a probate, the community property agreement, a death certificate, and an affidavit in support of the community property agreement will be recorded with the county. This has the effect of transferring all assets to the surviving spouse.

When you meet with us, we will analyze whether a community property agreement is appropriate in your circumstances.

Contact us to schedule a consult with an experienced estate planning attorney.