Transfer on Death Deed
(WA)

Summary

This template transfer on death deed may be used by a Washington real property owner during life to transfer real estate upon death without the necessity of probate. This template includes practical guidance, drafting notes, and alternate and optional clauses. Washington adopted the Uniform Transfer on Death Act (Wash. Rev. Code Ann. § 64.80.900), recognizing transfer on death deeds to allow real property to pass to beneficiaries outside of probate. By using a transfer on death deed, the costs and delays associated with probate may be avoided. A transfer on death deed allows an owner of real property to designate during the owner's lifetime a beneficiary or beneficiaries to whom the property title will transfer immediately upon the property owner's death. The deed does not otherwise pass any property rights to the beneficiary until the owner's death. The owner may revoke the deed without notice to the beneficiary. Wash. Rev. Code Ann. § 64.80.030. However, if there is more than one owner and transferor of the real property the following rules apply to the revocation of a transfer on death deed: • Revocation by one transferor does not affect the deed as to the interest of the other transferor(s) • Deed with joint owners is revoked only if all joint owners living at the time revoke –and– • A deed of community property must be revoked by both spouses or registered domestic partners, but if only one is surviving at the time of revocation, then the surviving spouse or partner alone may revoke the deed Wash. Rev. Code Ann. § 64.80.080(2). Record the deed in the county where the real property is situated before the transferor's death. Wash. Rev. Code Ann. § 64.80.060(3). Check the recording requirements with the appropriate county recorder's office. A document presented for recording in the office of a Washington county recorder must meet the following requirements: • Text font size of at least 8 point • Maximum paper size: 8.5" x 14" • Paper of sufficient weight and color • Margins of 1" on each side of the pages and on the bottom • 3" margin on the top of the first page, reserved for recorder • Name and address of the person to whom the document should be returned after recording on the left side of the top margin • Title of the instrument immediately below the 3" margin • Abbreviated legal description of the property • Tax assessor parcel identification number Wash. Rev. Code Ann. § 65.04.045. You should retain a file-stamped copy of the deed as evidence of recording, since it may take weeks before the recorder's office returns the original deed that includes the deed book and page information. Check if the relevant Washington county offers e-recording since it expedites the recording process. A real estate excise tax should accompany the deed when recording; however, the transfer of real property via transfer on death deed is exempt from excise tax, unless the transfer satisfies a contractual obligation owed by transferor to transferee. See Wash. Admin. Code § 458-61A-202(6)(d). The individual recording the instrument must complete and submit a Washington Real Estate Excise Tax Affidavit with the deed noting the reason for exemption from Washington's real estate excise tax. For more information on recording deeds in Washington, see Recording Procedures (WA). For more information on transfer on death deeds in Washington, see Wash. Rev. Code Ann. § 64.80.010 et seq. See also Transfer on Death Deeds State Law Survey, Choice of Ownership Structure of Real Property (WA), and Powell on Real Property § 25.01 et seq. For additional Washington deed templates, see Deed to Trust (WA), General Warranty Deed (Residential Transaction) (WA), Bargain and Sale Deed (Residential Transaction) (WA), and Quitclaim Deed (Residential Transaction) (WA).