Transfer on death deed in Washington

Washington at a glance

TOD deed for real estate

Yes

Name in Washington law

Transfer on death deed

Law

RCW 64.80 (Washington uniform real property transfer on death act)

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

County auditor (recording office) of the county where the property is located

After-death document

Real estate excise tax affidavit (claiming the TOD exemption, WAC 458-61A-202) signed by the beneficiaries, plus a certified copy of the death certificate

Notice to heirs

Not required

Official form

No state form

Your checklist

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Making a valid TOD deed in Washington

• What the law does. An individual can record a deed that passes Washington real estate to named beneficiaries at death without probate and can revoke it any time before death.
• Signing. The owner signs; it must have the formalities of a recordable deed, and Washington deeds must be acknowledged before a notary or other officer. Capacity is the same as for a will. Spouses or domestic partners can join for community property.
• Recording. It must be recorded before the owner dies or it is not effective. The statute sets no deadline after signing. No real estate excise tax affidavit is needed to record or revoke the deed.
• Payment, delivery, acceptance. No payment, notice, delivery or acceptance by the beneficiary is needed.
• Form. No statutory or state-published TOD deed form; county law libraries sell kits. The REET affidavit form is from the Department of Revenue.

Changing it, and who you can name

• Revoking or changing. Revoke by a later recorded TOD deed (express or inconsistent), a recorded instrument of revocation, or a recorded deed that expressly revokes it; it must be acknowledged after the original and recorded before death. Acts on the deed itself do not revoke it, and the statute does not let a will revoke it. Joint owners must all revoke; community-property deeds by both spouses need both (or the survivor). Selling the property during life still works.
• Beneficiaries. Any 'person' (individuals, trusts, entities). A beneficiary must survive the owner or the gift lapses; co-beneficiaries take equal shares with no survivorship, and a lapsed share goes to the others. Divorce rules for nonprobate assets (RCW 11.07.010) also apply.

After the owner dies

• Document. Real estate excise tax affidavit (claiming the TOD exemption, WAC 458-61A-202) signed by the beneficiaries, plus a certified copy of the death certificate
• Where. County where the TOD deed was recorded (county auditor/treasurer)
• Steps. To perfect title, the beneficiaries sign a REET affidavit claiming the TOD exemption and record it with a certified copy of the owner's death certificate in the county where the deed was recorded. No excise tax is due unless the transfer pays off a contract debt the owner owed the beneficiary. The beneficiary may disclaim under RCW 11.86.

Debts, Medicaid and the spouse

• Creditors and Medicaid. The beneficiary is liable for allowed claims against the probate estate and statutory allowances to the extent provided in RCW 11.18.200, 11.42.085 and ch. 11.54. The beneficiary takes subject to mortgages and liens, including state medical-assistance and DSHS liens recorded within 24 months after death; DSHS recovers from nonprobate assets of recipients 55+.
• Surviving spouse. For community property: if one spouse signs alone, only that spouse's interest passes at death; if both join, the deed does not take effect at the first death and works on the survivor's death as to the survivor's interest.

Good to know in Washington

• A TOD deed cannot be used as a deed in lieu of foreclosure (RCW 64.80.020).
• If the owner was a joint tenant survived by another joint tenant, the survivor takes the property (RCW 64.80.100(3)).
• The deed transfers without warranty of title (RCW 64.80.100(5)).

Official pages

• Washington statute
• Washington self-help page
• No TOD deed or other plan? How Washington handles a small estate without probate →

Sources

• Chapter 64.80 RCW (read October 28, 2026)
• RCW 64.04.020 Deeds to be acknowledged (read October 28, 2026)
• WAC 458-61A-303 REET affidavit (read October 28, 2026)
• WAC 458-61A-202 Inheritance or devise (TOD deeds) (read October 28, 2026)
• RCW 82.45.197 Documentation for exemptions (read October 28, 2026)
• RCW 11.18.200 Liability of nonprobate beneficiary (read October 28, 2026)
• RCW 43.20B.080 Medical assistance recovery (read October 28, 2026)
• Clark County Law Library, Transfer on Death Deed (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.