Can I disinherit my spouse or child in Washington?

1. Spousal Disinheritance. Washington is a community-property state. Under RCW 26.16.030, each spouse owns an undivided one-half interest in community property during marriage, and the survivor's one-half vests automatically at the other's death (RCW 11.04.015 governs intestate distribution). A decedent may dispose by will only of their one-half of community property and all of their separate property. Washington has no general elective share statute.

2. Augmented Estate. Washington has not adopted the UPC augmented-estate concept. Community-property classification serves the partnership-theory function.

3. Election Procedure. No formal spousal election exists. The surviving spouse asserts community-property rights through the probate or non-probate administration process.

4. Pretermitted Child. Under RCW 11.12.091, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or the testator made provision outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Washington.

7. Prenuptial / Postnuptial Waiver. Washington enforces premarital and community-property agreements under RCW 26.16.120 (community property agreements) and case law such as In re Marriage of Matson, 107 Wn.2d 479 (1986), requiring substantive and procedural fairness.

8. Homestead, Family Allowance, Exempt Property. Award in lieu of homestead under RCW 11.54.010 (up to $125,000) and family support award under RCW 11.54.020, regardless of will provisions.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution under RCW 11.24.010; contest must be filed within four months after probate.

This is legal information, not legal advice.