How a Prenuptial Agreement Can Affect Life Estates and Inheritance Rights in Washington

Short answer: Yes — a valid prenuptial agreement can change what a surviving spouse may claim from a deceased spouse’s property, and that can affect life-estate arrangements and your eventual share of an estate in Washington. If an executor refuses to provide documents, you have options: demand the documents, check the probate court file, and, if needed, ask the court to compel production or remove the executor. This article explains how Washington law treats prenuptial agreements and estate rights, shows practical steps you can take, and lists helpful hints for dealing with an uncooperative executor.

Detailed answer — what prenuptial agreements do under Washington law

1. The governing law

Washington’s law on premarital (prenuptial) agreements is in the Revised Code of Washington, Chapter 26.16. A premarital agreement is enforceable if it meets the statutory formalities and is not found unconscionable under the circumstances. See RCW 26.16 (Premarital Agreements):
https://app.leg.wa.gov/rcw/default.aspx?cite=26.16.

2. What a prenup can and cannot do regarding property and estate rights

• A prenuptial agreement can allocate ownership of assets and waive or limit a spouse’s rights to certain property at death (for example, waiving an intestate share, community-property claims, or an elective right if the agreement is properly worded and signed).
• If the prenup validly states that one spouse keeps separate ownership of certain property and the other spouse waives claims to that property, courts will generally respect that allocation.
• However, a prenup can be set aside or limited if it was signed under duress, if there was fraud or a lack of required disclosure, or if enforcement would be unconscionable given the facts. Washington’s premarital-agreement rules allow the court to refuse enforcement in such circumstances. See RCW 26.16 and related provisions above.

3. How life estates interact with a prenup

A life estate is a property interest that gives one person the right to use property during their life, with a remainder interest passing to someone else afterward. Whether a prenuptial agreement affects a life estate depends on how and when that life estate was created and whether the prenup validly altered the parties’ property rights:

• If your mother, while acting as owner of her separate property, executed a deed or other document creating a life estate for the spouse and reserved remainder to someone else (for example, you), that life estate is a conveyance of property rights. A prenup that validly waived the spouse’s claims to the mother’s property could affect whether the spouse actually receives additional property beyond what the deed grants.
• If the life estate is created by your mother’s will, a valid prenuptial waiver may limit a surviving spouse’s ability to set aside the will or claim an elective share — provided the prenup clearly covers those rights and is enforceable. If the prenup waived the spouse’s right to contest a will or to claim an elective share, the waiver may be enforced by the probate court.
• If the spouse acquired rights through community property during the marriage, the prenup’s allocation of separate vs. community property will matter. Washington is a community-property state, so clear prenup language that allocates property as separate can override default community-property claims.

4. Practical effect for your share of the estate

Your anticipated share depends on three things:

1. Whether a valid prenuptial agreement exists and what it says about the property and spousal rights;
2. How the life estate or will was created (deed, will, trust) and whether that document was executed before or after the prenup and consistent with it;
3. Whether the probate court enforces the prenup or finds grounds to limit or void it (for example, due to inadequate disclosure or unconscionability).

Because these situations turn on the exact language in the prenup, deeds, wills, trusts, and the facts about disclosure and timing, you should review the specific documents (see the “If the executor refuses” section below).

What to do if the executor refuses to provide the prenuptial agreement or estate documents

Executors (personal representatives) have duties under Washington probate law to administer the estate, keep beneficiaries informed, and file the will and inventory with the Superior Court. Probate, wills, and administration are governed generally by Title 11 of the Revised Code of Washington: https://app.leg.wa.gov/rcw/default.aspx?cite=11.

Steps you can take

1. Ask in writing. Send a written request to the executor asking for a copy of the prenuptial agreement, the will, and any trust documents. Keep copies of your correspondence.
2. Check the probate court file. If the decedent’s will has been submitted for probate, that will be filed with the Superior Court in the county where the decedent lived. Probate court files (including a filed will) are public records once filed. Contact the county Superior Court clerk to see whether a probate case is open and request copies of filed documents.
3. Request statutory notices and accountings. Washington law requires personal representatives to give notice to heirs and beneficiaries and to provide inventories and accountings in many administrations. If you are an heir or a named beneficiary, you are entitled to certain information; ask the executor specifically for the inventory and any accountings they are required to prepare.
4. Send a demand letter from an attorney. A short lawyer’s demand often prompts compliance without court action.
5. File a petition in probate court. If the executor refuses, you can ask the probate court to compel production of documents, to order accountings, or to remove the executor for failing to perform duties. The court can also appoint a special administrator if necessary to preserve estate assets and facts.
6. Consider a discovery action. In contested matters, you can use the court’s discovery process to obtain copies of relevant contracts (including a prenup). The court can issue subpoenas and orders to produce required documents.

When to consult an attorney

If the executor is withholding documents or you suspect the prenup may be invalid or improperly concealed, consult a Washington probate attorney. An attorney can review the situation, advise you about rights, prepare a formal demand, and file the appropriate petition in Superior Court if needed. If cost is a concern, look for a limited-scope consultation or a lawyer-referral program through the Washington State Bar Association.

Helpful Hints

• Gather what you can: copies of the will, trust, deed, death certificate, and any known communications about the prenup. Even partial information helps.
• Check property records: recorded deeds (life-estate deeds or transfer-on-death deeds) are public and can show whether a life estate or remainder interest was recorded in the county auditor’s office.
• Don’t assume a prenup is automatically enforceable. Courts examine whether the agreement was properly signed, whether there was full financial disclosure, and whether enforcement would be unconscionable.
• Timing matters: a prenup signed before marriage generally controls pre-marriage assets and expectations. Acts taken after marriage (deeds, wills, trusts) can also shift property interests but may be constrained by the prenup’s terms.
• Keep records of all communications with the executor. If you later petition the court, documentation of your requests and the executor’s responses is valuable evidence.
• If you are named in a will or trust, you have stronger rights to information than a remote heir. Make that status clear when requesting documents.
• Look for local help: Washington State Bar Association offers resources for finding counsel and legal aid organizations for low- and moderate-income people.

Where to read the law

Key Washington statutes and resources:

• Premarital Agreements (RCW Title 26.16): https://app.leg.wa.gov/rcw/default.aspx?cite=26.16
• Probate, Trusts, and Protective Proceedings (RCW Title 11): https://app.leg.wa.gov/rcw/default.aspx?cite=11
• County Superior Court—the clerk’s office handles probate filings and can tell you whether a will has been filed for probate in the county where the decedent lived.

Bottom line

A valid Washington prenuptial agreement can substantially affect a surviving spouse’s rights to property and therefore can affect life-estate provisions and your share of a decedent’s estate. Your rights depend on the prenup’s terms, how the life estate was created, and whether the prenup is enforceable. If an executor refuses to produce documents, start with a written request, check the probate court file, and consider formal legal steps (demand letters, petitions to compel, or removal of the executor.) Consult a Washington probate attorney to review the documents and protect your rights.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Washington attorney.