Elective Share in Washington
State-specific overview · Estate & Probate
Washington grants a surviving spouse a community property interest rather than an elective share; the spouse owns half of community property automatically.
How Washington treats Elective Share
Washington is a community property state, so a surviving spouse automatically owns one-half of all community property acquired during the marriage, regardless of what the will states. This is not an election but an ownership right that vests immediately upon death. Separate property (owned before marriage or acquired by gift or inheritance) passes under the will. The spouse does not need to take any action to claim the community property share.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.