Washington subtracts the surviving spouse’s community property before applying the ceiling
RCW 11.62.010 uses a $100,000 ceiling, but it is not measured the way a common-law state measures one. The value counted is that of “the decedent’s entire estate subject to probate, not including the surviving spouse’s or surviving domestic partner’s community property interest in any assets which are subject” to probate.
Washington is a community property state, and in a long marriage a large share of what looks like the decedent’s estate is the survivor’s own half interest. Removing that half before testing the ceiling means Washington estates that would be screened out by a gross-value test in Nebraska or Idaho can still qualify here. It also means a Washington screen cannot be run from a single “estate value” figure: the character of each asset — community or separate — has to be settled first.
That characterisation question is the reason this site does not attempt to pre-compute a Washington qualification. Whether a particular account is community property, separate property, or a mixture depends on when and how it was acquired and on any agreement between the spouses, and none of that is available to a calculator.
Source: RCW 11.62.010, read from the enacting state’s own published code on 2026-09-17. Quoted wording is the statute’s; the surrounding explanation is this site’s reading of it and is not legal advice.