Why would you need a Community Property Agreement when Washington is a Community Property State? The Community Property Agreement is recognized as a means of transferring legal title of property from the deceased spouse to the surviving spouse. For example, if the deceased spouse has a legal ownership interest in real property, a title company will not allow the surviving spouse to sell the real property unless the surviving spouse commences a probate of the deceased spouse’s estate or unless the spouses executed a Community Property Agreement prior to the death of the deceased spouse. A title company will recognize that a Community Property Agreement conveys to the surviving spouse the interest in real property of the deceased spouse.

Also, the Department of Licensing will recognize that a Community Property Agreement transfers legal ownership of a vehicle to the surviving spouse. By executing a Community Property Agreement, the surviving spouse will not need to commence a probate of a deceased spouse’s estate to gain access to financial assets, such as 401(k)’s or stock brokerage accounts, that were held in the sole name of the deceased spouse.