How Do I Avoid Probate in Washington?

Washington's nonprobate-transfer statute names an insurance policyRCW 11.02.091(3)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Washington's statute names an individual retirement accountRCW 11.02.091(3)Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Washington: Washington owners hold with a right of survivorship as joint tenants, where the written instrument expressly declares a joint tenancy. Spouses and domestic partners may also sign a community property agreement that passes their community property to the survivor at the death. Washington abolished survivorship as an incident of tenancy by the entiretiesRCW 82.45.197(1)(a), (d), (2); RCW 64.28.010, 64.28.040; RCW 26.16.120; WAC 458-61A-202(6)(a), (b)Verified Oct 26, 2026View source. Washington recognizes the transfer on death deedRCW 64.80.010 to 64.80.904Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Washington, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.