Robert and Susan are married and own a rental property in Tacoma as community property. Robert passes away without a will. Under Washington law, what happens to Robert's interest in the community property rental property?
Correct Answer
B) Robert's half of the community property passes through probate and may be distributed according to Washington's intestacy laws
Standard community property in Washington does NOT include a right of survivorship. When a spouse dies holding community property without a will, the deceased spouse's one-half interest passes through probate and is distributed according to Washington's intestacy statutes (RCW 11.04). This is a critical distinction from community property with right of survivorship, which does bypass probate.
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