Washington Transfer-on-Death Deed

At a glance

How the deed works

Washington adopted the Uniform Real Property Transfer on Death Act as RCW Chapter 64.80, which applies to TOD deeds made before, on, or after June 12, 2014, by a transferor dying on or after that date. An owner may use a transfer-on-death (TOD) deed to pass Washington real property to one or more beneficiaries effective at death, without probate; the deed is nontestamentary, revocable, and requires the capacity to make a will.

A TOD deed must contain the essential elements of a properly recordable deed, state that the transfer occurs at the transferor's death, and be recorded before the transferor's death in the public records of the auditor's office (recording office) for the county where the property is located (RCW 64.80.060, 64.80.070). The beneficiary need not sign, be notified, or provide consideration, and the deed transfers only the interest the owner holds at death.

This is educational information, not legal advice. Because Washington is a community-property state, spousal and co-ownership questions can materially change how a TOD deed operates; an attorney licensed in Washington or another financial professional can confirm the right approach.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Washington:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: Wash. Rev. Code ch. 64.80 RCW ch. 64.80 — Washington Uniform Real Property Transfer on Death Act · adopted 2014 (effective June 12, 2014).

Changing or revoking the deed

A Washington TOD deed is revocable during the owner's life even if it states otherwise (RCW 64.80.080). The owner revokes by recording, before death and in the same county recording office, a later TOD deed that revokes or changes the beneficiary, an instrument of revocation, or a deed conveying the property elsewhere. Notably, a will cannot revoke a TOD deed, and revocation by physical act alone is not sufficient — the revoking instrument must be recorded.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed passes the property subject to all mortgages, deeds of trust, judgment liens, and other encumbrances existing at the transferor's death. The beneficiary takes title burdened by those debts, and secured creditors keep their rights against the property.

Medicaid estate recovery

A TOD deed does not automatically avoid Medicaid estate recovery. Washington's recovery program can reach certain assets that pass outside probate, and the scope turns on current state rules, so an owner or beneficiary connected to Medicaid long-term-care benefits should confirm the treatment with the Washington State Health Care Authority (Apple Health) before relying on the deed.

Community property

Washington is a community-property state. Washington is a community-property state. Community real property is generally owned by both spouses together, so one spouse acting alone typically cannot use a TOD deed to transfer more than that spouse's interest, and community-property agreements or survivorship arrangements may already direct the property to the surviving spouse. Couples often coordinate a TOD deed with their community-property status so the deed operates only after both spouses have died.

State-specific quirks

Where to read next

• Washington estate & inheritance tax — whether Washington taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Washington, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology