Nonprobate > Community Property Agreement Assets

Washington Nonprobate

III.  Administering Assets Subject to a Community Property Agreement ("CPA")

While use of a CPA should result in the avoidance of a probate of the estate of the first spouse to die, the surviving spouse will generally need to take the following steps regarding the property subject to the CPA:

1. Real Property: To clear title to the real property:
    

   1. At the Auditor/Recorder Office in every county in which Decedent owned real property subject to the CPA:

      • Record a copy of Decedent's death certificate.

      • Record a copy of the CPA if it has not already been recorded there.

      • Record an executed:

2. At every real estate title insurance company that insures title to any real property subject to your CPA:

   • Deliver an executed Community Property Affidavit for Title Insurance Company.
      

   On the one hand, title insurance companies have the reputation of wanting their insureds to use the form written and supplied by that title insurance company.  On the other hand, WASHINGTON PROBATE has written a generic Community Property Affidavit for Title Insurance Company, submitted it to underwriting counsel for several of the major title insurance companies in the region, and received the following reply:

While there is no guarantee that it will work for you, in your situation, and with your title insurance company, it should give you an idea of what is needed:

2. Financial Account: To clear title to the account.  See RCW 30.22.190(1).

   1. At the Financial Institution, deliver an executed:

3. Securities: To clear title to the security.  See RCW 11.02.120.

   1. At the corporation, transfer agent, or broker:

      •  Deliver an executed:

• Deliver an executed:

4. Other property subject to your CPA: To clear title to it, deliver to its holder, registration agent, etc. an executed:

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