Understanding Home Ownership in Washington State: Types of Titles and the Transition of Ownership

Homeownership is a significant milestone in life, and it’s essential to understand the various types of property titles and what happens to ownership when an individual passes away. In Washington State, as in many other places, there are distinct forms of property titles, each with its own implications for ownership transition.

Types of Titles for Real Property in Washington State:

1. Sole Ownership: In sole ownership, a single individual holds the title to the property. They have full control over the property and can transfer or sell it at will. When the sole owner passes away, the property typically passes to the designated heir or beneficiaries through their will or, if there’s no will, it goes through the probate process.

2. Tenancy in Common: This form of ownership allows multiple individuals to own a property together, each with a specified share. These shares can be equal or unequal, and each owner has the right to transfer or sell their share. In the event of an owner’s death, their share is typically inherited by their heirs or beneficiaries and does not necessarily pass to the other co-owners.

3. Joint Tenancy with Right of Survivorship: Joint tenancy is a common choice for couples or family members. In this form of ownership, if one co-owner passes away, their share automatically transfers to the surviving co-owner(s). This transfer occurs without going through probate, making it a seamless process.

4. Community Property: Washington State is one of the few community property states in the U.S. In a community property arrangement, married couples jointly own all property acquired during their marriage, regardless of who earned it. In the event of a spouse’s passing, the surviving spouse typically inherits the deceased spouse’s share.

5. Life Estate: A life estate is a unique arrangement where an individual (the life tenant) has the right to live in a property for the duration of their life, after which ownership passes to a remainderman or beneficiary. This can be a way to provide for a loved one while retaining control over the property during one’s lifetime.

What Happens When an Owner Passes:

When a property owner in Washington State passes away, several important steps are taken to determine the transition of ownership:

Probate: If the deceased owner had a will, their property may go through the probate process, during which the court verifies the will’s validity and ensures the property is distributed according to the deceased’s wishes.

Intestate Succession: If the owner passed away without a will (intestate), Washington State laws dictate how the property will be distributed among heirs. The surviving spouse or registered domestic partner typically has a priority claim.

Trusts: Many individuals set up living trusts to avoid probate. In such cases, the property transitions to the beneficiaries named in the trust document, as per the owner’s instructions.

Joint Tenancy: As mentioned earlier, if the property is held in joint tenancy with the right of survivorship, the surviving co-owner automatically assumes full ownership.

Understanding the types of property titles and the legal processes involved when an owner passes away is crucial for both current and prospective homeowners in Washington State. It ensures that property is managed and transferred according to individual preferences and state laws, providing peace of mind for homeowners and their families.

Events will change throughout one’s life and you can adjust what happens to your real property according to your needs.

I have worked with several title companies, and they have always been very helpful to helping clients and I understand what works best for them.