Estate planning
Washington community property and your estate plan
By Frank Stucki, Esq., MBA
Quick answer
In Washington, most property earned during marriage or a registered domestic partnership is community property, and each spouse controls only their half at death. Knowing which assets are community and which are separate is the starting point for any Washington will or trust.
What counts as community property in Washington?
Under RCW 26.16.030, community property is property acquired after marriage, or after registering a state domestic partnership, by either partner or both, unless it is separate property.
Separate property generally includes what each person owned before marriage and what they received by gift or inheritance (RCW 26.16.010 and 26.16.020).
A paycheck earned during marriage, the 401(k) it funds and the house bought with it are often community property, even if only one name is on the account or title.
How much can I leave by will?
Washington law says neither spouse may leave more than one-half of the community property by will (RCW 26.16.030). The other half already belongs to the surviving spouse or partner.
You can leave your separate property, and your half of the community, to anyone you choose.
What if I die without a will?
Under RCW 11.04.015, a surviving spouse or registered domestic partner receives:
| Property type | Spouse or partner's share |
|---|---|
| Your half of the net community estate | All of it |
| Net separate estate, if you leave children or other descendants | One-half |
| Net separate estate, no descendants but a parent or a parent's descendants (such as siblings) | Three-quarters |
| Net separate estate, none of the above | All of it |
So a spouse with children from a prior relationship, or a large separate estate, may share it with relatives in ways nobody intended.
What is a community property agreement?
Many Washington couples sign a community property agreement. Under RCW 26.16.120, spouses or partners can agree on the status and disposition of their community property, effective at the first death.
A common version converts everything to community property and passes it all to the survivor without probate. It must be in writing, signed by both and acknowledged like a deed.
It is simple, but it isn't right for everyone. It can control assets a will would otherwise cover, may not fit blended families, and doesn't plan for what happens after the second death.
What if we moved here from another state?
Washington also recognizes "quasi-community property": property acquired while living elsewhere that would have been community property if you'd lived in Washington. At the death of a Washington resident, the surviving spouse or partner generally receives half of it (RCW 26.16.230).
If you moved from Utah or another separate-property state, your plan should account for this.
Does Washington have an estate tax?
Yes. Washington has its own state estate tax, separate from the federal one. For deaths on or after July 1, 2026, the exclusion amount is $3,000,000 under RCW 83.100.020; the statute has set different amounts for different periods, so confirm the figure for the year in question.
Couples near that line may benefit from planning that uses both spouses' exclusions.
Do I still need a will or trust if we have a community property agreement?
Usually, yes. You still need to name a guardian for minor children, plan for the second death, and decide how to handle separate property and beneficiaries. Washington's small-estate affidavit is available only up to $100,000 (RCW 11.62.010).
FAQ
Often, at least the portion earned during marriage. Beneficiary designations and federal rules also apply, so check how each account is set up.
Washington's community property and intestacy statutes cover state registered domestic partners alongside spouses.
Yes, couples can agree to change the character of property, but the formalities matter. Get advice before signing.
Sources
This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.
Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.