Washington life estate deed

What a life estate deed does in Washington

A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.

The Washington law behind this deed

Washington has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.

When Washington homeowners use a life estate deed

• Pass a home to children while reserving the right to live there for life
• Start the Medicaid look-back clock on a transfer (state rules vary)
• Avoid probate on the property with a simple, long-established instrument
• Provide for a surviving spouse or partner with the remainder going to your own children

What Washington requires on the deed

These are the execution and formatting rules county auditors enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.

How to complete and record it in Washington

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Auditor (in King County, the Recorder's Office) can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Washington deeds.
4. 4Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
5. 5Complete Real Estate Excise Tax Affidavit (Form 84 0001A)Washington requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
6. 6Record it with the County Auditor (in King County, the Recorder's Office)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
7. 7Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.

What it costs in Washington

Washington charges a real estate excise tax (reet) of 1.1% to 3% of the selling price (state rate, graduated on each portion of the price: through December 31, 2026, 1.1% up to $525,000, 1.28% to $1,525,000, 2.75% to $3,025,000 and 3% above; for sales from January 1, 2027, 1.1% up to $551,000, 1.28% to $1,551,000, 2.75% to $3,051,000 and 3% above; agricultural land and timberland 1.28% flat), plus a local REET, usually 0.25% or 0.5% depending on the city or county (2.0% in San Juan County). Customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.

Exemptions that commonly apply to a transfer like this: gifts where the grantee pays nothing and takes over none of the grantor's mortgage payments, transfers between spouses or registered domestic partners that create or separate community property or carry out a divorce settlement, transfers to or from a revocable trust, and inheritance and community property agreements. You have to claim the exemption. The recorder won't apply it for you.

Where to record it in Washington

Washington deeds are recorded with the County Auditor (in King County, the Recorder's Office) in the county where the property sits, not where you live. There are 39 counties in Washington.

Many Washington recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.

Recording offices we cover in Washington: King, Pierce, Snohomish, Spokane, Clark, Thurston, Kitsap, Yakima, Whatcom, Benton. See all Washington recording offices.

What a life estate deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
• A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
• Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
• It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.

Quirks of Washington law that catch people out

• Washington's first page must show the document title, the grantor and grantee names, an abbreviated legal description, the assessor's parcel number, and any reference numbers (RCW § 65.04.045(1)). If any element is missing, you must attach a Washington recorder's cover sheet, which adds a $1 page fee (RCW § 65.04.047); without one the document is returned. Documents that miss the margin rules can be recorded only with a signed non-standard request and an extra $50.
• A Real Estate Excise Tax affidavit must be filed with every deed that transfers ownership now, including a $0 family gift (not a transfer-on-death deed or its revocation). The county treasurer (in King County, the Recorder's Office) processes the affidavit and marks the deed paid or exempt before it can be recorded.
• Washington sets recording fees by state statute: $303.50 for the first page and $1 for each additional page in every county (as of July 27, 2025), mostly state surcharges.
• Washington is a community property state. Both spouses (or registered domestic partners) must sign and acknowledge a deed that conveys community real property or the home either of you lives in, even if it is one spouse's separate property (RCW §§ 26.16.030(3), 6.13.060). A transfer-on-death deed is different: one spouse may sign it alone, but it then passes only that spouse's share of community property (RCW 64.80.100(4)).
• Washington recognizes transfer-on-death deeds under RCW ch. 64.80.