Administering Assets Subject to a Community Property Agreement (“CPA”)

While use of a CPA should result in the avoidance of a probate of the estate of the first spouse to die, the surviving spouse will generally need to take the following steps regarding the property subject to the CPA:

1. Real Property: To clear title to the real property:
   1. At the Auditor/Recorder Office in every county in which Decedent owned real property subject to the CPA:
      • Record a copy of Decedent’s death certificate.
      • Record a copy of the CPA if it has not already been recorded there.
      • Record an executed: Community Property Affidavit for Recordation (re Real Property) form
2. At every real estate title insurance company that insures title to any real property subject to your CPA:
   • Deliver an executed Community Property Affidavit for Title Insurance Company.

   On the one hand, title insurance companies have the reputation of wanting their insureds to use the form written and supplied by that title insurance company. On the other hand, WASHINGTON PROBATE has written a generic Community Property Affidavit for Title Insurance Company, submitted it to underwriting counsel for several of the major title insurance companies in the region, and received the following reply:

   • This should work … where the estate is without estate taxes and where a surviving spouse receives the community property, and where no probate appears necessary to resolve debts, to clarify the proper distribution, or to deed property as a personal representative.
   • [xxx] Regional Underwriting Counsel

   While there is no guarantee that it will work for you, in your situation, and with your title insurance company, it should give you an idea of what is needed: “Lack of Probate” Affidavit — Community Property, for Title Insurance Company form

3. Financial Account: To clear title to the account. See RCW 30.22.190(1).
   1. At the Financial Institution, deliver an executed: Community Property Affidavit for Financial Accounts form
4. Securities: To clear title to the security. See RCW 11.02.120.
   1. At the corporation, transfer agent, or broker:
      • Deliver an executed: Community Property Affidavit for Securities form
      • Deliver an executed:Affidavit of Domicile re Transfer of Securities form
   2. Other property subject to your CPA: To clear title to it, deliver to its holder, registration agent, etc. an executed: Community Property Affidavit for Other Community Property form