There are currently nine community property states and one marital property state with laws that can impact the rights of a married IRA owner when designating primary beneficiaries other than or in addition to their spouse.
Typically, if a married individual resides in or has an IRA account housed in a community or marital property state, they must generally receive the written consent of their spouse before designating someone other than their spouse as a primary beneficiary.
If an IRA owner’s spouse does not consent to the IRA owner naming other beneficiaries and the laws of one of the community or marital property states apply, then upon the owner's death, the spouse may be entitled to a portion of the IRA assets.
The following states have laws in place
Alaska (if a married couple “opts in”)
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin is the only marital property state