Washington transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Washington property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Washington requires, what it costs, and where to file it.
- 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 transfer-on-death deed does in Washington
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Washington the governing statute is RCW ch. 64.80.
When Washington homeowners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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 |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
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.
$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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the County Auditor (Recording Division). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- 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.