When Can the Right of Survivorship Be Challenged in Washington?
If you're dealing with property that was owned “with right of survivorship,” the idea seems simple: when one owner dies, the other owns the whole thing automatically. But in real life, especially in Washington things aren’t always that tidy. Families are often surprised to learn that survivorship rights can be challenged under certain conditions.
This article explains what survivorship rights are, how they work here in Washington State, When those rights can be disputed, and what you should think about if you’re an heir, personal representative, or co-owner facing a contested situation.
What “Right of Survivorship” Actually Means
“Right of survivorship” is a way of owning property so that when one owner dies, the surviving owner automatically becomes the sole owner without probate.
In Washington, the most common forms where survivorship matters are:
Joint tenants with right of survivorship (JTROS)
Community property with right of survivorship
The key feature is that ownership passes immediately upon death, title does not go through probate.
Why the Right of Survivorship Is Usually Beneficial
When done right, survivorship ownership:
Avoids probate for that property
Provides certainty and continuity
Keeps title transfer quick and out of court
Reduces legal costs for heirs
For many Whatcom County families with a primary residence or investment property, this has been a helpful planning tool.
But It’s Not Absolutely Unchallengeable
Here’s the core point most families don’t realize:
Survivorship rights can be challenged in Washington, but only in specific situations.
The most common reasons someone might challenge survivorship include:
1) The Deceased Didn’t Actually Intend Survivorship
If the person who added the co-owner didn’t genuinely intend to create a survivorship interest, a court can reverse it.
For example:
A parent added a child’s name thinking it was convenient
He property was mistakenly re-titled
There was a misunderstanding about what survivorship mean
In these cases, testimony, documents, or evidence about intent matters.
2) Undue Influence or Fraud
If someone exerted pressure, deception, or undue influence on the decedent to add a name, a challenge may succeed.
Evidence of fraud or manipulation especially near the end of life can be powerful in court.
3) Lack of Mental Capacity
To establish survivorship, the owner must have the legal capacity to agree to the transfer.
If someone was incapacitated or did not understand what they were signing, a court can void the survivorship interest.
This is often raised when:
A parent was ill or confused
Documents were signed without full explanation
Facts suggest the deed was not fully understood
4) Mistakes in the Deed or Title
Sometimes the paperwork itself is flawed:
Incorrect wording or missing language
Misidentification of the parties
Errors notarization or witnesses
These can provide technical ground for challenge.
5) Claims from Creditors or Legal Obligations
Survivorship may not protect property from all claims if:
There was unpaid debts
The transfer was made to avoid known obligations
Fraudulent transfer statutes apply
In those situations, a creditor may seek to reach the asset through a legal challenge.
How a Challenge Actually Happens
Challenging survivorship rights usually means filing a civil action on Superior Court because survivorship rights are a recorded property interest.
A challenge will typically involve:
Title records and deeds
Testimony about intent
Medical or capacity documentation
Timeline and circumstances around the transfer
If successful, the court can order:
Removal of the survivorship right
Re-establish of the state interest
Distribution with intestate succession or decedent’s will
What This Means for Real Estate in Whatcom County
In our local market, where many families hold homes jointly for convenience or long-term care planning, this matters.
Example situations I’ve encountered:
A parent adds a child to title for "ease of access” but didn’t intend for inheritance
Siblings disagree after one parent dies and the surviving co-owner claims the whole property
A co-owner is pressured into title changes during a health decline
When disagreements arise, clarity becomes more important than ever.
What Co-owners and Heirs Should Do
If you’re in a situation involving survivorship rights:
Get the documents together early.
Deeds, declarations, wills, trust documents, and communications are all relevant.
2. Understand who signed what, when, and why.
The court looks not just at the paper, it looks at intent.
3. Talk to an attorney familiar with Washington property and probate law.
These matters hinge on state-specific rules and evidence.
4. Don’t wait until after a sale or title change to raise concerns.
Timing can affect legal options.
How Personal Representatives Should Handle It
If you’re administering an estate:
Review title history carefully
Ask whether survivorship right were intended
Confirm that documents were properly executed
Communicate with heirs early about any potential issues
A proactive approach reduces conflict and supports smoother resolution.
Key Takeaways
Right of survivorship is strong, but not absolute.
Challenges typically focus on intent, capacity, fraud, or technical errors.
Probate and estate planning tools like will and trusts may still play a role
Clear communication and good documentation go a long way.
Helpful Washington Resources
RCW Chapter 64.04 — Conveyances and death of grantor
https://app.leg.wa.gov/rcw/default.aspx?cite=64.04Washington Probate Overview (Plain English)
https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.html
Final Thoughts
Survivorship rights can simplify estate transitions, but they can also create disputes when intentions aren't clear.
If you’re dealing with property titled with right of survivorship and there’s any question about intent or fairness, taking it through early with experienced local advisors can save time, money, and stress later.
This article is general information about Washington law and not legal advice. For advice about a specific situation, consult a qualified Washington attorney or other professionals.
If you’re in Whatcom County and want help thinking through how survivorship and probate might affect your property, I’d be glad to walk you through the practical steps and options.
I keep an up-to-date list of probate attorneys who actively work with families here in Whatcom County. There are six options on the list, and they all offer a brief discovery call at no charge so you can ask where to start, what paperwork matters, and what to do next. Click the button below for instant access.
