Community Property Agreements

CPAs can help married couples in community property states avoid probate.

Question:

Can I use WillMaker to make a community property agreement?

Answer:

WillMaker can help you make a community property agreement if:

  • You live in Washington state
  • You’re married, and
  • You want all of your property to go to your spouse.

Community property agreements (CPAs) are usually agreements between married couples that keep community property out of probate when one spouse dies.  CPAs can also be used to convert separate property to community property, with the conversion taking effect either on signing or on the death of one of the spouses.

WillMaker provides a CPA only for residents of the state of Washington. WillMaker’s Washington CPA is simple and inflexible. In it, the spouses agree that when one spouse dies, all of the property of the deceased spouse becomes community property and passes to the surviving spouse without probate. WillMaker automatically prints this CPA when a married person living in Washington makes a will that leaves everything to his or her spouse. In this situation, the CPA (and instructions for completing it) prints out with the will document. The spouses don’t have to use it, but it’s provided, just in case.

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