In Washington State, which of the following correctly distinguishes standard community property from community property with right of survivorship when a spouse dies?
Correct Answer
B) Standard community property requires probate for the deceased spouse's half; community property with right of survivorship passes automatically to the survivor
Under Washington law, standard community property (without survivorship language) does not include an automatic right of survivorship. Upon a spouse's death, their one-half community property interest must pass through probate — either by will or intestate succession. In contrast, community property with right of survivorship (RCW 64.28.070) operates like joint tenancy in that the deceased spouse's interest automatically vests in the survivor outside of probate. This is a critical Washington-specific distinction frequently tested on the state exam.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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