Many married couples assume that when one spouse dies, the surviving spouse automatically owns everything. Unfortunately, that’s not always the case—especially when real estate is involved. Without proper planning, a surviving spouse can be shocked to learn that they need to go through probate just to put the family home fully in their name. If you would like to learn more about avoiding these types of pitfalls, our Sammamish, WA trust lawyer is here to answer your questions and discuss your particular estate planning needs.
The good news? A joint revocable living trust can prevent this unnecessary and frustrating outcome. Here’s what couples need to know.
1. A Trust Is A Will Substitute
A revocable living trust is often called a “will substitute.” Like a will, it allows you to direct who receives your property when you die. Unlike a will, it does this without the court process known as probate. Instead, assets titled in the trust pass directly to the surviving spouse—or eventually to your children or other beneficiaries—without court oversight.
2. Why Married Couples May Face Two Probates
Here’s the part most people overlook: if you and your spouse own real estate together, there may need to be two separate probates—one when the first spouse dies, and another when the second spouse dies.
Why? Because real estate does not automatically transfer to the surviving spouse unless:
- It is held in a revocable trust, or
- There is a community property agreement in place.
But in Washington, community property agreements are often a bad idea. While they can transfer property between spouses, they also eliminate certain estate tax planning opportunities. Given Washington’s relatively low estate tax exemption compared to federal law, this can create a significant tax problem for larger estates.
That leaves many couples in a tough spot: without a trust, the surviving spouse may face an unexpected probate just to get the home legally transferred into their sole name.
3. The Problem With Probate For The Surviving Spouse
Probate is not only time-consuming—it’s also frustrating when it seems completely unnecessary. Imagine losing your spouse and then learning that you have to go to court just to prove you now own the family home. Everyone knows it’s yours, yet the law requires the paperwork, the filings, and often the expense of hiring an attorney.
For many surviving spouses, this comes as a shock. They assumed everything would transfer automatically, and instead they are forced to deal with courts and lawyers during an already difficult time.
4. How A Joint Revocable Trust Solves The Problem
A joint revocable trust avoids this scenario by placing the home and other assets directly into the trust. When one spouse dies, the surviving spouse already has full control of the trust property—no probate required.
Then, when the surviving spouse eventually passes, the trust directs where the assets go next (often to children or grandchildren), again without probate. In other words, a joint trust avoids two probates, not just one.
5. A Smarter Plan For Married Couples
For Washington couples, a joint revocable living trust offers the best of both worlds:
It avoids probate for both spouses.
It allows flexibility in estate tax planning.
It ensures the surviving spouse never has to fight through court just to stay in the family home.
The Bottom Line
A will alone won’t spare your loved ones from probate—and for married couples, that can mean two rounds of court involvement. A joint revocable living trust is a simple, effective solution that ensures your spouse has immediate, uninterrupted ownership of your shared property while protecting your estate from unnecessary costs and delays.
If you would like to learn more about joint revocable trusts or other estate planning matters, reach out to Eastside Estate Planning any time.
