A married couple in Washington, James and Patricia, purchase a home and take title as 'community property with right of survivorship.' James dies without a will. Which statement accurately describes what happens to the property under Washington law?
Correct Answer
B) Patricia automatically receives full ownership by survivorship without probate
Washington recognizes 'community property with right of survivorship' as a distinct form of title available to married couples and registered domestic partners under RCW 64.28.070. Like joint tenancy, it includes a right of survivorship, meaning the surviving spouse automatically inherits the deceased spouse's interest outside of probate. This distinguishes it from standard community property, where the deceased spouse's half-interest would pass through probate according to the will or intestate succession laws.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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