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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