Washington state law permits all community property passed through a CPA to be transferred to the surviving spouse without probate, so the agreement keeps all of the deceased person's property out of probate.
One of the most effective ways to avoid probate is to establish a living trust. Property is transferred to the trust, and these assets are overseen by a trustee who is charged with managing the trust for the benefit of the designated beneficiaries.
A few common non-probate assets are joint bank accounts with rights of sur- vivorship, property held in joint ten- ancy, property subject to a community property agreement, property held in a trust, life insurance and other assets and accounts that pass by contract or have some type of beneficiary desig- nation.
A community property agreement merely converts separate property into community property; it does not “give” the property to anyone. The expectation is that all of the community property will automatically pass to the surviving spouse or domestic partner under the laws of descent and distribution in intestacy.
If you are married, you may give your one-half interest in community property through your will. If you die intestate and are survived by a spouse or partner, your entire one-half interest in community property will pass to your surviving spouse or partner.
The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or ...
A community property agreement merely converts separate property into community property; it does not “give” the property to anyone. The expectation is that all of the community property will automatically pass to the surviving spouse or domestic partner under the laws of descent and distribution in intestacy.
The basic rule of community property is simple: During a marriage, all property earned or acquired by either spouse or domestic partner is owned 50-50 by each spouse or partner, except for property received by only one of them through gift or inheritance.
Explanation of Community Property Community property means that spouses who acquire property during marriage own property equally, 50/50. That means that one spouse on death can leave his or her share as he or she wants and on divorce, it typically is divided 50/50 as well.