The House That Skips Probate
RCW 64.80.060 — recorded with the county auditor before death, and the capacity to make a will
In Washington, a transfer on death deed contains the essential elements and formalities of a recordable deed, states that the transfer is to occur at the transferor's death, and is recorded before that death with the auditor of the county where the property is located.
Capacity. The capacity to make or revoke one is the same as to make a will.
Nothing changes during life. The deed does not affect the transferor's right to sell or encumber the property, creditors' rights, or eligibility for public assistance, and creates no interest for the beneficiary.
Revoking it. A later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it, acknowledged and recorded before the transferor's death. A deed of community property by both spouses or partners is revoked only by both, or by the survivor.
At death. A beneficiary who survives takes the property, two or more in equal shares without survivorship, subject to mortgages, liens and other interests, including certain state liens recorded within twenty-four months after the death.
Creditor claims, the beneficiary's disclaimer and the statutory forms are not all on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Washington attorney.
Sources for this section (5)
- RCW 64.80.060 — Requirements
- RCW 64.80.050 — Capacity of transferor
- RCW 64.80.080 — Revocation, when authorized or prohibited
- RCW 64.80.090 — Effect during transferor's life
- RCW 64.80.100 — Effect at transferor's death
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.