Miguel and Sofia are married and own their Kirkland home as community property with right of survivorship. Miguel dies, and his will leaves his entire estate to his sister, Carmen. Sofia claims she is now the sole owner of the home. Carmen claims she is entitled to Miguel's half. Under Washington law, who is correct?

Correct Answer

A) Sofia is correct, because the right of survivorship in CPWROS passes Miguel's interest to Sofia automatically by operation of law, regardless of the will

When property is held as community property with right of survivorship, the survivorship feature operates by operation of law and takes precedence over any contrary provisions in a will. Upon Miguel's death, his interest in the CPWROS property automatically vests in Sofia as the surviving spouse. The will cannot override the survivorship right because the property never becomes part of Miguel's probate estate — it passes outside of probate entirely. This is a critical distinction between CPWROS and standard community property.