Wash. Rev. Code » Title 64 · Chapter 64.28
Revised Code of Washington

Wash. Rev. Code § 64.28.010 (2026)

✓ current as of May 2026
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Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy. Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy. It may be created by a single agreement, transfer, deed, will, or other instrument of conveyance, or by agreement, transfer, deed or other instrument from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from both spouses or both domestic partners, when holding title as community property, or otherwise, to themselves or to themselves and others, or to one of them and to another or others, or when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from the rights of creditors.
[ 2008 c 6 s 625; 1993 c 19 s 1; 1963 ex.s. c 16 s 1; 1961 c 2 s 1 (Initiative Measure No. 208, approved November 8, 1960).]

Notes:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1970–2023 · leading case: In Re Est. of Olson, 557 P.2d 302 (Wash. 1976).
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In Re Est. of Olson, 557 P.2d 302 (Wash. 1976). · cites it 18× “In 1963 the legislature amended RCW 64.28.010 to state more explicitly the requirements for the creation of a joint tenancy.”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017). · cites it 2× “§ 27-7-40 (2007) (providing rules on creation of joint tenancy and severance); Wash. Rev. Code Ann. § 64.28.010 (2014) (stating that common-law right to sever is recognized).”
In re the Dom. P'ship of Walsh, 335 P.3d 984 (Wash. Ct. App. 2014). · cites it 2× “28.020 governs joint tenancy with a right of survivorship: “Every interest created in favor of two or more persons in their own right is an interest in common .”
Lyon v. Lyon, 670 P.2d 272 (Wash. 1983). · cites it 2× “(concurring) While I concur with the ultimate finding of the majority, that Richard and Margaret hold the Snohomish County property as tenants in common, I object to the circuitous and sometimes strained analysis used to achieve that result.”
Palmer v. Golden, 187 P.3d 758 (Wash. Ct. App. 2008). “7 As such, joint tenancies with regard to its accounts are authorized under the general property provisions of RCW 64.28.010, which does not address the standard of proof for challengers.”
In Re Est. of Palmer, 187 P.3d 758 (Wash. Ct. App. 2008). “[7] As such, joint tenancies with regard to its accounts are authorized under the general property provisions of RCW 64.28.010, which does not address the standard of proof for challengers.”
Matter of Est. of Fox, 754 P.2d 690 (Wash. Ct. App. 1988). · cites it 6× “RCW 64.28.010 provides in part that a joint tenancy "shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy.”
In Re Est. of Patton, 494 P.2d 238 (Wash. Ct. App. 1972). · cites it 2× “RCW 64.28.010 states in part: Joint tenancy shall be created only by written instrument .”
Rogers Walla Walla, Inc. v. Ballard, 553 P.2d 1372 (Wash. Ct. App. 1976). · cites it 3× “RCW 64.28.010 6 authorizes a husband and wife to change community property into property held in joint tenancy.”
Falaschi v. Yowell, 601 P.2d 989 (Wash. Ct. App. 1979). “020 provides: "Every interest created in favor of two or more persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint tenancy, as provided in RCW 64.28.010, or unless…”
Anderson v. Anderson, 495 P.2d 1037 (Wash. 1972). “015 and RCW 64.28.010. He contends, however, that the formula should nevertheless apply to the joint accounts passing outside the will since that was the intent of the testator.”
Rogers Walla Walla v. Ballard, 553 P.2d 1372 (Wash. Ct. App. 1976). · cites it 3× “RCW 64.28.010 [6] authorizes a husband and wife to change community property into property held in joint tenancy.”
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