Community property still needs probate — unless there's an agreement
Washington is a community property state, but that label alone doesn't keep anything out of probate. Ordinary community property still requires probate administration for the deceased spouse's half. Since 1881, Washington has offered a fix: a Community Property Agreement under RCW 26.16.120 — a contract between spouses that vests all covered community property in the survivor automatically at the first spouse's death, and can even convert separate property into community property along the way. Without one, "community property" alone isn't a probate-avoidance tool. See our full breakdown of Washington community property and joint tenancy rules.
Joint tenancy needs a written instrument
For real estate held jointly outside marriage, Washington requires the same kind of express language many other states do. Under RCW 64.28.010, joint tenancy must be created by a written instrument that expressly declares the interest to be a joint tenancy — without that wording, co-owned property defaults to a tenancy in common, with no survivorship.
A transfer-on-death deed, since 2014
Washington also offers a TOD deed. Under RCW 64.80, the Uniform Real Property Transfer on Death Act, an owner can record a deed naming a beneficiary who receives real estate at death, without probate — and recording it is specifically exempt from Washington's real estate excise tax. See our full guide to the Washington TOD deed, including the special rule when both spouses sign one together.
Bank accounts need the survivorship box checked
Washington bank accounts work the same way as real estate: nothing is assumed. Under RCW 30A.22.100, funds in a joint account without a right of survivorship belong to the depositor's estate, not the co-owner — the account has to be specifically opened and designated with survivorship for it to pass outside probate. See our guide to Washington beneficiary and P.O.D. accounts.
Washington does have a state estate tax
Unlike several other states, Washington taxes large estates at the state level. That's a separate calculation from what counts toward the probate estate here — see our Washington State Estate Tax Calculator for the threshold and rates. The probate-estate total from this tool also feeds into Washington's probate cost and executor fee calculators, and Washington's small estate affidavit.