Community Property Agreement in Washington State: How It Works and What Survives Need to Do

When one spouse dies in Washington, the surviving spouse often discovers a gap between what they assumed would happen and what the law actually requires. A Community Property Agreement (CPA) is designed to close that gap — but it only works if it was properly executed and if the surviving spouse takes the right steps afterward. Here is a plain-language breakdown of what a CPA does, what it cannot do, and exactly what you need to file when your spouse dies.

What Is a Community Property Agreement?

Washington is a community property state. Property acquired during a marriage is presumed to belong equally to both spouses — each owns half. At death, that half of the community property could theoretically go through probate, even if the couple intended for the surviving spouse to receive everything.

A Community Property Agreement is a written, notarized contract between spouses (or registered domestic partners) that changes how community property transfers at death. A typical CPA states two things:

1. All property owned by either spouse — present and future — is declared to be community property.
2. At the death of either spouse, all of that community property passes automatically to the surviving spouse.

When a valid CPA is in place, the deceased spouse's share of community property transfers to the survivor by operation of contract, entirely outside of probate. No court petition. No Letters Testamentary. No waiting period.

This makes a CPA one of the most powerful and least expensive estate planning tools available to married Washington residents.

What a CPA Cannot Do

A CPA has several significant limits that families frequently discover too late.

It only covers community property. A CPA does not control separate property — assets one spouse owned before marriage, or received as a gift or inheritance during the marriage that was kept separate. If the deceased spouse owned separate property, it may still require probate or a Small Estate Affidavit to transfer.

It does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death bank accounts pass via their own designated beneficiaries, regardless of the CPA. If those beneficiary designations are outdated, a CPA cannot fix the resulting problem.

It does not control what happens after the surviving spouse dies. A CPA is entirely about the first death. It ensures everything goes to the surviving spouse — but it says nothing about where assets go when that surviving spouse eventually passes. Many couples who use a CPA as their only planning document leave the second death entirely unplanned.

It does not protect against Medicaid estate recovery. Washington's DSHS can assert an estate recovery claim for Apple Health (Medicaid) long-term care costs against the probate estate of the deceased spouse. A properly executed CPA transfers assets outside of probate — which generally shields them from DSHS recovery for the first death. However, those same assets remain in the surviving spouse's estate and may be subject to recovery when the survivor later dies.

How to Use a CPA After Your Spouse Dies

Having a CPA in place does not mean the paperwork writes itself. The surviving spouse must take specific steps to clear title to real property and update financial accounts.

For Real Estate

To clear title to real estate using a CPA, the surviving spouse must record two documents with the county auditor's office in each county where real property is located:

1. A certified copy of the death certificate
2. A copy of the Community Property Agreement

Washington requires a certified death certificate — not a photocopy. The Department of Health charges $25 per certified copy. Order at least five to eight copies total when first obtaining certificates, as you'll need them for multiple institutions.

Recording fees in Washington have escalated significantly. As of 2026, the base recording fee for real estate documents is $303.50 for the first page, plus $1.00 per additional page. This applies to the CPA recording and to any related deed documents. The death certificate recording carries a lower statutory fee of $18.00. Documents that fail to meet state formatting requirements incur an additional $50.00 non-standard document fee — confirm specifications with the county auditor before submitting.

There is no Real Estate Excise Tax (REET) owed when property transfers between spouses — that transfer is exempt. But the county auditor will still require the REET exemption to be claimed, which involves completing a REET affidavit noting the applicable exemption code.

For Bank Accounts and Financial Accounts

Banks and credit unions do not automatically recognize a CPA. The surviving spouse must present:

• A certified death certificate
• A copy of the CPA (many institutions will want a certified or notarized copy)
• Government-issued identification

Some institutions may request additional documentation or may not accept a CPA on its own and insist on Letters Testamentary instead. If a bank resists, the surviving spouse has several options: contact a local attorney, ask to speak with the institution's estate services team, or in some cases simply open a new account and wait for the old one to be closed through the Small Estate Affidavit process (which applies to personal property under $100,000, but requires a 40-day waiting period).

For Vehicles

The Washington Department of Licensing (DOL) handles vehicle title transfers. For a vehicle acquired during the marriage and subject to a CPA, the surviving spouse can transfer the title at a DOL vehicle licensing office by presenting the original title, a certified death certificate, and a copy of the CPA. The standard transfer fee is $15, or $65 for same-day Quick Title processing.

The Community Property Affidavit

In addition to the CPA itself, some title companies and county auditors may require what is sometimes called a "Community Property Affidavit" — a separate sworn declaration that confirms the property was community property, that the decedent and survivor were legally married, and that the CPA is valid and was in effect at the time of death.

This affidavit is distinct from the Lack of Probate Affidavit (DOR Form 84-0017), which is used when there is no CPA or joint tenancy and the estate needs to clear title without formal probate. If you have a valid CPA, you typically use the CPA recording process rather than the Lack of Probate Affidavit. Check with the county auditor and any title company involved before assuming which document applies.

What If There Is No CPA?

If a married couple never executed a Community Property Agreement, the community property half of the estate belonging to the deceased spouse does not automatically pass to the survivor. Instead, it goes wherever the will directs — or, if there is no will, under Washington's intestate succession laws. Washington's intestate rules do generally favor the surviving spouse for community property, but the transfer typically still requires formal probate or a Small Estate Affidavit.

For surviving spouses who discover there was no CPA, the most common path forward is the Small Estate Affidavit (if total probate personal property is under $100,000 and there is no real property in the probate estate) or a formal probate petition in Superior Court.

If your spouse recently passed and you're figuring out which documents to file and in which order, the Washington Estate Settlement Guide provides a comprehensive administrative roadmap — from securing the estate in the first days through final real estate transfers and creditor management.

See more Washington guides →