Washington Transfer on Death Deed Form: Free 2025 Template & Complete Guide

Washington Transfer on Death Deed (also called a TOD deed or beneficiary deed) is one of the simplest and most cost-effective ways to pass real estate to your loved ones without probate in Washington State. As an estate-planning attorney who has drafted and reviewed hundreds of these deeds for Washington residents over the past decade, I’ve seen firsthand how a properly executed transfer on death deed Washington State can save families tens of thousands in probate fees and months of court delays.

In this comprehensive guide, you’ll download my free, attorney-reviewed Washington transfer on death deed form for 2025, learn exactly how to fill it out, record it, and avoid the most common mistakes that cause these deeds to fail. Everything is current as of November 2025 and follows RCW 64.80 (Washington’s Uniform Real Property Transfer on Death Act).

Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Always consult a licensed Washington attorney or title professional before executing any real estate document.

What Is a Transfer on Death Deed in Washington State?

A Washington transfer on death deed is a special type of deed that lets you name one or more beneficiaries who automatically receive title to your real property immediately upon your death — without going through probate court. It’s revocable during your lifetime, costs almost nothing to set up (usually just county recording fees of $100–$200), and works for houses, condos, vacant land, and even multi-family properties up to four units.

The legal authority comes from the Uniform Real Property Transfer on Death Act, codified in Washington as Chapter 64.80 RCW (effective July 23, 2014, and still current in 2025). Source: Washington State Legislature – RCW 64.80.

Key Advantages of a Washington Transfer on Death Deed

• Avoids probate entirely – Title passes by operation of law the moment you die.
• Remains fully revocable – You can change or cancel it anytime while you’re alive and competent.
• No gift tax consequences during life – You keep 100% ownership and control (IRS Rev. Rul. 2021-2).
• Medicaid estate recovery still applies – The property remains in your estate for MERP purposes (see WAC 182-527-700).
• Works alongside your will or trust – If you later create a living trust, you can still use a TOD deed or deed the property into the trust instead.

Who Can (and Cannot) Use a Transfer on Death Deed in Washington State

Eligible Owners	Restrictions
Individuals owning property as sole owner, joint tenants with right of survivorship, or tenants in common	Cannot be used if property is held as community property with right of survivorship without spousal consent
Trustees of revocable living trusts (with proper authority)	Not allowed for property owned by irrevocable trusts or LLCs in most counties
Up to 4 residential units or agricultural land	Some counties reject TOD deeds for mobile homes affixed to land – check locally

Free Download: Washington Transfer on Death Deed Form 2025 (Fillable PDF)

Click here to download the free Washington Transfer on Death Deed template (PDF) – updated November 2025, compliant with RCW 64.80.060 and current county recording requirements.

The template includes:

• Statutorily required bold-type notices
• Spousal consent language when needed
• Multiple beneficiary and alternate beneficiary sections
• Notary block accepted statewide

Step-by-Step Instructions: How to Complete Your Washington Transfer on Death Deed

Step 1 – Gather Required Information

You’ll need your current deed (to copy the exact legal description), parcel number, and full legal names/DOB of beneficiaries.

Step 2 – Fill Out the Form

1. Grantor: Your full legal name exactly as it appears on the current deed.
2. Legal Description: Copy verbatim from your recorded deed (never use mailing address only).
3. Beneficiary(ies): Can be individuals, trusts, charities, or entities. Use “primary” and “alternate” if desired.
4. Check the box for how multiple beneficiaries hold title (per stirpes is recommended).
5. Sign in front of a notary – Washington requires notarization (RCW 64.80.050).
6. Spousal consent if community property (highly recommended even if not technically required in some counties).

Step 3 – Record the Deed

File the original signed, notarized deed at the county auditor/recorder where the property is located. Current 2025 first-page fee is $103.50 + $1 per additional page in most counties (see WA Secretary of State recording fees).

Common Mistakes That Make a Washington TOD Deed Invalid

In my practice, I see these errors repeatedly:

• Incorrect or abbreviated legal description
• Beneficiary listed only by nickname or relationship (“my son John” instead of full legal name)
• Failing to record during the owner’s lifetime (the #1 reason TOD deeds fail)
• Using an out-of-state or old form that lacks the statutory bold warnings
• Executing after incapacity without a valid power of attorney that specifically authorizes TOD deeds

How a Transfer on Death Deed Interacts With Other Estate Planning Tools

• Living Trust: You can use both. Many clients deed property into their revocable trust later and simply record a revocation of the TOD deed.
• Will: A TOD deed overrides your will for that specific real estate.
• Joint Ownership: If you add someone as joint tenant after recording a TOD deed, the joint tenancy usually supersedes the TOD designation.

Revoking or Changing a Washington Transfer on Death Deed

You have three ways to revoke (RCW 64.80.070):

1. Record a signed, notarized “Revocation of Transfer on Death Deed” (free template included in download)
2. Record a new TOD deed naming different beneficiaries
3. Convey the property to someone else via regular deed (automatically revokes prior TOD)

Tax Consequences of Washington TOD Deeds (2025 Update)

• No federal gift tax while you’re alive – you retain full ownership (IRS Rev. Rul. 2021-2).
• Basis step-up at death – Beneficiaries receive stepped-up basis (IRC §1014), potentially saving huge capital gains taxes.
• Washington estate tax – Property is included in taxable estate (RCW 83.100).
• Real estate excise tax – No REETA due at death transfer (WAC 458-61A-211).

Frequently Asked Questions About Washington Transfer on Death Deeds

Does my spouse have to sign?
Community property requires spousal consent in most situations. Include the consent language to be safe.

Can I name my trust as beneficiary?
Yes – highly recommended if you have a revocable living trust.

What happens if my beneficiary dies before me?
If you checked “per stirpes” or named alternates, it passes to their descendants; otherwise, the deed fails and property goes through probate.

Do all Washington counties accept TOD deeds?
Yes – every county must accept properly executed TOD deeds under state law.

Final Thoughts

A properly executed and recorded Washington transfer on death deed remains one of the most powerful yet under-utilized estate-planning tools available to Washington homeowners in 2025. For the cost of a single recording fee, you can spare your family the expense, delay, and frustration of probate court.

Download the free Washington transfer on death deed form above, follow the instructions carefully, and consider having it reviewed by an attorney. Small mistakes can be costly.

Again, this template and guide are provided for informational purposes only and are not a substitute for personalized legal advice. Laws can change, and your situation may have unique factors. Always consult a qualified Washington attorney before signing and recording any deed.