Washington special warranty deed
Here is what Washington actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Auditor (Recording Division)
- Witnesses
- Notary only
- Transfer tax
- Graduated: 1.1% up to $525
- First-page margin
- 3″ top
- Recording fee
- ~$304 first page
- E-recording
- Generally available
What a special warranty deed does in Washington
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When Washington homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
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.
| Requirement | What Washington says |
|---|---|
| Recording office | County Auditor (Recording Division) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 8pt minimum type. |
| Accompanying form | Real Estate Excise Tax Affidavit |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey community real property (RCW § 26.16.030).
How to complete and record it in Washington
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Auditor (Recording Division) can provide one, usually for a few dollars.
- Identify 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.
- Complete the deedDeedly builds it with Washington's statutory language, the correct notary block, and the 3-inch first-page margin county auditors expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Real Estate Excise Tax AffidavitWashington requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Auditor (Recording Division)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Washington
| Cost | Typical amount |
|---|---|
| Recording fee | About $304 for the first page plus about $1 per additional page |
| Transfer tax | Real estate excise tax (REET): Graduated: 1.1% up to $525,000, 1.28% to $1,525,000, 2.75% to $3,025,000, 3% above, plus local REET of up to 0.5% |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Washington charges a real estate excise tax (reet) of Graduated: 1.1% up to $525,000, 1.28% to $1,525,000, 2.75% to $3,025,000, 3% above, plus local REET of up to 0.5%. It is 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 with no consideration and no debt assumed, transfers between spouses or domestic partners, 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 (Recording Division) in the county where the property sits, not where you live. There are 39 counties in Washington.
Most Washington recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Washington: King, Pierce, Snohomish, Spokane, Clark, Thurston, Kitsap, Yakima, Whatcom, Benton. See all Washington recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Washington law that catch people out
- Washington's first page must include a formatted cover block: document title, grantor and grantee names, an abbreviated legal description, the assessor's parcel number, and any reference numbers. Missing any element means a non-standard fee or rejection.
- A Real Estate Excise Tax affidavit must be filed with every deed, including a $0 family gift, and stamped by the Treasurer before the Auditor records it.
- Washington recording fees are the highest in the country. Statutory surcharges push a simple one-page deed past $300 in most counties.
- Washington is a community property state; both spouses must sign to convey community real property.
- Washington recognizes transfer-on-death deeds under RCW ch. 64.80.
How to hold title in Washington
When two or more people take title in Washington and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Washington: joint tenancy with right of survivorship, tenancy in common, and community property.
Married couples
Property acquired during marriage is presumed community property (RCW § 26.16.030).
Washington couples typically use a community property agreement or explicit survivorship language rather than community property with right of survivorship.
$69, one time. Your finished deed appears in full before you pay, with Washington's witness rules, margins, and recording instructions already applied.
Common questions
No. Washington has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Auditor (Recording Division). Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $304 for the first page and about $1 per additional page. Washington also charges real estate excise tax (reet) of Graduated: 1.1% up to $525,000, 1.28% to $1,525,000, 2.75% to $3,025,000, 3% above, plus local REET of up to 0.5%, though gifts and family transfers are often exempt. Washington adds large statutory surcharges; first-page totals above $300 are now typical.
No. Washington requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Auditor (Recording Division) in the county where the property is located, not where you live, and not where the buyer lives. Washington has 39 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey community real property (RCW § 26.16.030). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Washington quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Washington general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Washington transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Washington life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for WashingtonRecording offices, transfer tax, witness rules, and fees.
- Washington recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.