Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1949 NO. 171 > Dec 5 1949

1. Generally, testator may not dispose of the one half interest of surviving spouse in community property by will.2. The doctrine of election is recognized in Washington where the testator clearly shows in his will that he intended to dispose of the entire community estate and the surviving spouse is thus put to her election either to renounce her moiety in the community property and accept the benefits under the will, or demand her community interest; such election may be made either by accepting the benefits of the will at distribution or by waiver or estoppel.