Washington state allows a married couple to enter into a contract, the “Community Property Agreement”, to characterize or even change the status of property as between spouses. The goal in your estate plan is to provide as much flexibility as possible. We accomplish this by various documents to include Living Trust Agreement, Last Wills and Powers of Attorney. The Agreement as to Disposition of Assets is an enhanced Community Property Agreement that is effective only if the surviving spouse is not disabled or in need of care. If the surviving spouse is ill, then the Agreement is void. If she is well, then the Agreement requires the surviving spouse to take the assets of the Decedent and fund the Living Trust.
This video explains the Agreement and the attached Schedule of Assets.