Washington · RCW 64.80Washington transfer on death deeds: the rules and what they mean for a sale

Washington's Uniform Real Property Transfer on Death Act (RCW 64.80) lets an individual transfer property to beneficiaries effective at death; the deed can't be used as a deed in lieu of foreclosure (RCW 64.80.020). It's revocable even if it says otherwise (.030), and making or revoking one takes the same capacity as a will (.050). The deed must have the elements of a recordable deed, state that the transfer occurs at the transferor's death, and be recorded before death with the auditor of the county where the property is (.060); it needs no notice, delivery, acceptance or consideration (.070). It can be revoked only by a later TOD deed, an instrument of revocation, or an inter vivos deed that expressly revokes it, acknowledged after the deed and recorded before death – not by a revocatory act on the recorded deed (.080). During the owner's life it doesn't affect the right to transfer or encumber the property (.090), so the owner can sell. At death, the beneficiary takes subject to all conveyances, encumbrances, mortgages and liens, including liens recorded within 24 months after death under RCW 41.05A.090 and 43.20B.080, and the deed carries no covenant or warranty of title (.100). A surviving joint owner takes the property; for community property, a deed signed by both spouses or domestic partners isn't effective at the first death (.100(3)–(4)). The beneficiary is liable for allowed claims against the probate estate and statutory allowances to the extent RCW 11.18.200, 11.42.085 and chapter 11.54 provide (.120).