Washington transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Washington property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Washington requires, what it costs, and where to file it.
- Recording office
- County Auditor (in King County, the Recorder's Office)
- Witnesses
- Notary only
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $303.50 first page
- E-recording
- Approved submitters
What a transfer-on-death deed does in Washington
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) 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. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Washington the governing statute is RCW ch. 64.80.
The Washington law behind this deed
Start with RCW ch. 64.80 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | RCW ch. 64.80 |
| Conveyances generally | RCW § 64.04.010 |
| Recording with the County Auditor (in King County, the Recorder's Office) | RCW §§ 65.04.045–.047 (format) and 65.08.070 (effect of recording) |
| Homestead and spousal consent | RCW § 6.13.060 |
| Transfer tax | RCW § 82.45.060 |
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 (in King County, the Recorder's Office) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | Recommended. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| 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 clear space at the top of page one, 1-inch margins elsewhere, nothing under 8pt. This is the profile Deedly applies. |
| Accompanying form | None when you record it. |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
Your spouse does not have to sign, and signing changes the deed
Your spouse or registered domestic partner does not have to sign. If you sign alone, only your share of community property passes to your beneficiaries at your death. If you both sign, the deed takes effect only at the second death, for the survivor's interest (RCW 64.80.100(4)). A deed you both signed can be revoked only by both of you while both are living (RCW 64.80.080(2)(c)).
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 (in King County, the Recorder's Office) 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 the wording, notary certificate, and 3-inch first-page margin used for Washington deeds.
- Sign 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.
- Record 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.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Auditor (in King County, the Recorder's Office) so the land records show them as the owners.
What it costs in Washington
| Cost | Typical amount |
|---|---|
| Recording fee | $303.50 for the first page and $1 per additional page |
| Transfer tax | None when recorded |
| Notary | Washington caps notary fees at $15 per acknowledgment ($25 for a remote notarial act), plus any travel fee agreed in advance (WAC 308-30-220). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
No real estate excise tax affidavit is filed, and no REET is due, when you record a transfer-on-death deed or its revocation (WAC 458-61A-303(3)(j)-(k)). Pay only the recording fee.
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 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 34 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 a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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.
$49, 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 (in King County, the Recorder's Office). Deedly produces all of that for $49, versus roughly $150–$700 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 $303.50 for the first page and $1 per additional page. No real estate excise tax affidavit is filed, and no REET is due, when you record a transfer-on-death deed or its revocation (WAC 458-61A-303(3)(j)-(k)). Pay only the recording fee. Washington sets recording fees by state statute (RCW 36.18.010): $303.50 for the first page and $1 for each additional page in every county (as of July 27, 2025), mostly state surcharges.
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 (in King County, the Recorder's Office) in the county where the property is located, not where you live, and not where the buyer lives. Washington has 39 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
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 your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Auditor (in King County, the Recorder's Office) so the public record shows the change. 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.
No. Your spouse or registered domestic partner does not have to sign. If you sign alone, only your share of community property passes to your beneficiaries at your death. If you both sign, the deed takes effect only at the second death, for the survivor's interest (RCW 64.80.100(4)). A deed you both signed can be revoked only by both of you while both are living (RCW 64.80.080(2)(c)).
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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.