Elevated Estate Planning, P.S. | October 22, 2026 | Estate Planning
The right of survivorship allows property to pass directly to a surviving co-owner when another owner dies. In Washington State, this right depends on how the property is legally owned and whether the proper documents are in place.
Understanding survivorship rights can help families plan for the future, avoid ownership disputes, and make informed choices about their property. However, not every type of shared ownership includes this protection.
What Does Right of Survivorship Mean?
Right of survivorship means that when one owner dies, their ownership interest automatically passes to the surviving owner or owners. This arrangement is often used for real estate, but survivorship rights may also apply to certain financial accounts.
For example, if two people own a house with valid survivorship rights, the surviving owner generally receives the deceased person’s share without that share passing through probate.
This can make transferring ownership easier, but the right must be properly established. Simply putting two names on a property deed does not always create survivorship rights in Washington.
Does Washington State Recognize Joint Tenancy With Right of Survivorship?
Yes. Washington allows joint tenancy with right of survivorship when the ownership documents clearly establish that arrangement.
Under RCW 64.28.010, a joint tenancy with right of survivorship must be created through a written document that clearly identifies the ownership as a joint tenancy.
When one joint tenant dies, the surviving joint tenant generally receives the deceased owner’s interest automatically. Property owners should review their deeds to confirm how ownership is recorded, since unclear wording can create problems for surviving family members.
How Is Right of Survivorship Different From Tenancy in Common?
The main difference is what happens to an owner’s share after death. Joint tenancy with survivorship allows the share to pass to the surviving owner, while tenancy in common generally does not.
Key differences include:
- Joint tenancy: The surviving owner generally receives the deceased owner’s share.
- Tenancy in common: The deceased owner’s share passes through their estate.
- Ownership shares: Tenants in common may own different percentages of the property.
Choosing the right arrangement depends on the owners’ goals and family circumstances. A property owner should consider who they want to inherit their share before deciding how to hold title.
How Does Community Property Affect Survivorship Rights?
Washington is a community property state, meaning many assets acquired during marriage or a registered domestic partnership belong to both partners. However, community property does not automatically include a right of survivorship.
A surviving spouse or partner may have inheritance rights, but those rights are not the same as automatic transfer through a survivorship agreement.
Under RCW 26.16.120, spouses and registered domestic partners may enter into written agreements concerning the status or disposition of their community property, including what happens after one partner dies. These agreements must meet legal requirements and should reflect both parties’ intentions.
Can Right of Survivorship Help Avoid Probate?
Yes. Property held under a valid right of survivorship generally passes directly to the surviving owner without probate for that ownership interest.
Probate is the court process used to handle a deceased person’s estate. Avoiding probate for certain assets may reduce paperwork and delays for surviving family members.
However, survivorship rights do not eliminate the need for probate in every situation. Other assets may still require court involvement. It is also important to consider taxes, debts, and how property transfers fit into a broader estate plan.
How Can You Make Sure Your Property Passes to the Right Person?
The best way to protect your wishes is to review how your property is titled and create an estate plan that matches your goals.
Helpful steps include:
- Check the names and ownership terms on property deeds
- Review any community property agreements
- Confirm beneficiary designations on financial accounts
- Update estate planning documents after major life changes
- Ask an estate planning attorney about potential probate issues
These steps can help reduce confusion and make it easier for loved ones to understand your wishes. Reviewing your plan regularly can also help ensure it reflects changes in your family or finances.
Contact the Spokane Estate Planning Lawyers at Elevated Estate Planning, P.S. for Help Today
Right of survivorship can be a useful estate planning tool, but it must be set up correctly to work as intended.
At Elevated Estate Planning, P.S., our Spokane estate planning attorneys help individuals and families review property ownership, understand Washington law, and develop plans for transferring assets.
For more information, please contact Elevated Estate Planning, P.S. to schedule a free consultation. We have four convenient locations in Washington, including Spokane, Kennewick, and Yakima.
Elevated Estate Planning, P.S. Spokane
9507 N Division St # B, Spokane, WA 99218
(509) 328-2150
Elevated Estate Planning, P.S. Kennewick
6855 W Clearwater Ave A103, Kennewick, WA 99336
(509) 328-2150
Elevated Estate Planning, P.S. Yakima
1115 W Lincoln Ave Suite 109, Yakima, WA 98902
(509) 328-2150