Marcus and Elena are married and purchase a home in Spokane, Washington, taking title as community property with right of survivorship. Marcus dies unexpectedly without a will. What happens to his interest in the property?
Correct Answer
B) His interest is automatically extinguished and Elena becomes the sole owner without probate
When property is held as community property with right of survivorship (CPWROS) in Washington, the deceased spouse's interest automatically passes to the surviving spouse by operation of law — no probate is required. This is the key advantage of CPWROS over standard community property: the survivorship feature eliminates the need for probate proceedings to transfer the decedent's interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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