COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
Husband and wife have acquired certain community property within the State of
Washington, and said parties desire to avail themselves of the provisions of RCW
26.16.120. If the husband and wife have any separate property the provisions of this
Community Property Survivorship Agreement shall apply to such separate property, and
the husband and wife declare that separate property shall be converted into community
property at death and shall then vest this the surviving spouse. This Agreement revokes
and supersedes all prior Community Property Agreements.
NOW, THEREFORE, in consideration of the love and affection that each of said parties
has for the other, and in consideration of the mutual benefits to be derived by the parties
hereto, it is agreed as follows:
1. All community and separate property of whatever nature or description,
whether real, personal or mixed, and wheresoever situated now owned or
hereafter acquired by them, or either of them, shall vest in the survivor
(husband or wife) upon the death of either one of the parties.
2. In the case of the death of said husband while the said wife survives him, all
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community real property shall at once vest in the said wife in fee simple.
This provision shall exclude any items listed on a separate memorandum
which is kept with his Will and which is intended to dispose of tangible
personal property at his death.
3. In the case of the death of said wife while said husband survives her, all
community real property shall at once vest in said husband in fee simple. This
provision shall exclude any items listed on a separate memorandum which is
kept with her Will and which is intended to dispose of tangible personal
property at her death.
4. Provided further that if there is any commencement of a dissolution of
marriage action or separate maintenance action this Agreement is
automatically terminated or rescinded, and if a dissolution or separate
maintenance proceeding is in process at the death of either of the parties, this
Agreement shall be null, void and of no effect.
5. Provided further that in the event of the incompetency of either of the parties
hereto the other party may, at his or her option, terminate or rescind this
Agreement by a notarized declaration to that effect, and this Agreement shall
become null, void and of no effect.
6. This Agreement revokes and supersedes all prior Community Property
IN WITNESS WHEREOF, the said husband and wife have hereunto set their hands
and seals this ___________________ day of _______________________________,
Signature of Husband
Signature of Wife
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On this __________________ day of _______________________, ________________,
Printed Name of Signer
Personally appeared before me as the signer(s) of the attached instrument, and
he/she/they signed the instrument voluntarily for the purpose expressed in it.
Witness my hand and official seal.
Signature of Notary
o r’N m , on , o m s o xi t n a
a y sn
N t ys a eC ut C m i i E p ao D t ri e
i r i ty e f d nh o o i anr
n’ ei ie e l g
Sge sdn tvri i t fl wn m ne:
_____ Personally Known
_____ Produced Identification
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