Wash. Rev. Code » Title 11 · Chapter 11.02
Revised Code of Washington

Wash. Rev. Code § 11.02.070 (2026)

Community property—Disposition—Probate administration of

✓ current as of May 2026
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Except as provided in RCW 41.04.273 and 11.84.025, upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse or surviving domestic partner, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.
[ 2008 c 6 s 902; 1998 c 292 s 504; 1967 c 168 s 1.]

Notes:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application—Conflict with federal requirements—1998 c 292: See notes following RCW 41.04.273.
Effective dates—1998 c 292: See RCW 11.11.903.
Effective date—1967 c 168: "The provisions of this act shall take effect on July 1, 1967." [1967 c 168 ss 16, 19.]
Descent and distribution of community property: RCW 11.04.015(1).
Disposition of quasi-community property: RCW 26.16.230.
Notes of Decisions
Cited in 15 cases, 1972–2018 · leading case: Norris v. Norris, 622 P.2d 816 (Wash. 1980).
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Norris v. Norris, 622 P.2d 816 (Wash. 1980). · cites it 4× “The property remains community in nature until the spouse's *130 death, and the possibility of administration is explicitly acknowledged in RCW 11.02.070: The whole of the community property shall be subject to probate administration for all purposes of this title .”
Lyon v. Lyon, 670 P.2d 272 (Wash. 1983). · cites it 2× “RCW 11.02.070. It is thus extinguished by the joint tenancy survivorship right, just as are testamentary powers generally.”
Francis v. Francis, 573 P.2d 369 (Wash. 1978). · cites it 2× “The wife's share was also subject to administration pursuant to RCW 11.02.070. 4 Thus, the evil of the case was not that it gave the entire proceeds to the surviving spouse, contrary to the intent of the insured, but that it denied to the insured the right to designate the…”
Sutton v. Hirvonen, 775 P.2d 448 (Wash. 1989). “13 , 145 (1986); RCW 11.02.070. Although Allstate had contracted to provide defense counsel for its insured, that counsel could represent only a proper party defendant.”
Farver v. Dep't of Ret. Sys., 629 P.2d 903 (Wash. Ct. App. 1981). · cites it 2× “250 and RCW 11.02.070, and shall be distributed as follows: (2) Shares of others than surviving spouse.”
Est. of Lee v. Comm'r, 69 T.C. 860 (Tax Ct. 1978). “" Wash. Rev. Code sec. 11.02.070 ↩ (1974).”
In Re the Est. of Crawford, 730 P.2d 675 (Wash. 1986). “Crawford, is entitled to an award in lieu of homestead pursuant to the provisions of RCW 11.02.070 and chapter 11.52 of the Revised Code of Washington.”
Farver v. Dep't of Ret. Sys., 644 P.2d 1149 (Wash. 1982). “250 and RCW 11.02.070, and shall be distributed as follows: "(2) Shares of others than surviving spouse.”
In Re Est. of Patton, 494 P.2d 238 (Wash. Ct. App. 1972). “See RCW 11.02.070; RCW 26.16.030. It is also clear that each spouse has an undivided one-half interest in the community property.”
Armstrong v. Bray, 826 P.2d 706 (Wash. Ct. App. 1992). · cites it 3× “070 provides: Upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse, and the other one-half share shall be subject to testamentary disposition by the decedent, Armstrong responds by asserting that RCW 11.”
In re Westall, 423 P.3d 930 (Wash. Ct. App. 2018). · cites it 2× “He relies on RCW 11.02.070, which states that upon one spouse's death, a one-half share of community property shall be confirmed in the surviving spouse.”
In Re the Est. of Bonness, 535 P.2d 823 (Wash. Ct. App. 1975). “Bonness in the will. We have set forth the provision in the margin.”
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