WA risk area
Complexity triggers in Washington
Scenarios that increase estate risk, such as blended families or multi-state property.
Washington’s community property rules and statutory allowances can shift what passes to the surviving spouse and children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- Property acquired during marriage is presumed community property unless it falls within statutory exceptions.
- A homestead allowance, exempt property, and family allowance can be awarded to the surviving spouse or minor children.
Questions to consider
Questions this risk area helps you evaluate in Washington
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Washington’s community property rules and statutory allowances can shift what passes to the surviving spouse and children.
- Property acquired during marriage is presumed community property unless it falls within statutory exceptions.
- A homestead allowance, exempt property, and family allowance can be awarded to the surviving spouse or minor children.
Sources
- https://app.leg.wa.gov/RCW/default.aspx?cite=26.16.030
- https://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Washington.