Revised Code of Washington
Wash. Rev. Code § 26.16.120 (2026)
Agreements as to status
✓ current as of May 2026
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Nothing contained in any of the provisions of *this chapter or in any law of this state, shall prevent both spouses or both domestic partners from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired, to take effect upon the death of either. But such agreement may be made at any time by both spouses or both domestic partners by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be, under the laws of the state, and the same may at any time thereafter be altered or amended in the same manner. Such agreement shall not derogate from the right of creditors; nor be construed to curtail the powers of the superior court to set aside or cancel such agreement for fraud or under some other recognized head of equity jurisdiction, at the suit of either party; nor prevent the application of laws governing the community property and inheritance rights of slayers or abusers under chapter 11.84 RCW.
Notes:
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.
Acknowledgments: Chapter 64.08 RCW.
Descent and distribution of community property: RCW 11.04.015.
Private seals abolished: RCW 64.04.090.
Notes of Decisions
Cited in 46
cases (2 in the last 5 years), 1955–2025 · leading case: Norris v. Norris, 622 P.2d 816 (Wash. 1980).
Norris v. Norris, 622 P.2d 816 (Wash. 1980). “There is no general impediment to the probate of a decedent's estate that consists solely of community property subject to a community property agreement.”
Higgins v. Stafford, 866 P.2d 31 (Wash. 1994). “RCW 26.16.120 reads: Nothing contained in any of the provisions of this chapter or in any law of this state, shall prevent the husband and wife from jointly entering into any agreement concerning the status or disposition of the whole or any portion of the community property,…”
In Re Est. of Catto, 944 P.2d 1052 (Wash. Ct. App. 1997). “Ownbey argues that the trial court erred in determining that the Agreement was effective at the time of death. Jack argues that the trial court erred by refusing his proposed jury instruction on the definition of a defunct marriage.”
Matter of Marriage of Schweitzer, 937 P.2d 1062 (Wash. 1997). “RCW 26.16.120 states that property agreements may be made at any time by the husband and wife by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be .”
In Re Est. of Lyman, 503 P.2d 1127 (Wash. Ct. App. 1972). “This appeal is concerned principally with the validity of a will of community property which disposes of that property in a manner contrary to the provisions of an earlier executed community property agreement under RCW 26.16.120. Ralph W. Lyman and Jannie M.”
In re the Marriage of Schweitzer, 132 Wash. 2d 318 (Wash. 1997). “RCW 26.16.120 states that property agreements may be made at any time by the husband and wife by the execution of an instrument in writing under their hands and seals, and to be witnessed, acknowledged and certified in the same manner as deeds to real estate are required to be .”
In Re Est. of Verbeek, 467 P.2d 178 (Wash. Ct. App. 1970). “However, an instrument may be a will substitute and still not be testamentary. 1 W. Bowe & D.”
Neeley v. Lockton, 389 P.2d 909 (Wash. 1964). “" *933 The community property agreement, which is solely a creature of the community property law of this state, was created by RCW 26.16.120, the pertinent part of which provides: "Nothing contained in any of the provisions of this chapter or in any law of this state, shall…”
Pollock v. Pollock, 499 P.2d 231 (Wash. Ct. App. 1972). “Berol, supra , the use of presumptions and other rules of law in determining the community or separate status of property reinforces the conclusion reached that the first 11 items of property listed in the margin are either community property or are property in or with respect…”
Morse v. Williams, 740 P.2d 884 (Wash. Ct. App. 1987). “RCW 26.16.120. 1 Since the Tuckers' mutual will was not acknowledged as a deed, appellant argues that the reference to distribution of separate property in the will is of no force and effect under RCW 26.”
Johnson v. Bachmeier, 52 P.3d 22 (Wash. 2002). “Analysis Under RCW 26.16.120, a husband and wife may agree to designate all of their property as community property and vest complete title in one spouse upon the death of the other *64 through a writing acknowledged and certified in the same manner as a real estate deed.”
In Re the Est. of Ford, 639 P.2d 848 (Wash. Ct. App. 1982). “[1] Community property agreements are governed by RCW 26.16.120 which states: Nothing contained in any of the provisions of this chapter or in any law of this state, shall prevent the husband and wife from jointly entering into any agreement *139 concerning the status or…”
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