[WSBAPT] is PR needed where there is CPA

[Shannon Jones]

Listmates, My clients, married couple, have suit ongoing for trespass and related damages to real property. One spouse unexpectedly has died. There is a Community Property Agreement whereby all assets, separate and community, vest on death to the surviving spouse. This property was the deceased spouse's separate property before death. Does the CPA vest (or assign under RCW 4.08.080?) "the action" to the surviving spouse so the survivor can pursue the claims on behalf of both spouses without filing a probate? Or must I file a probate to have spouse appointed as PR? Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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