[WSBAPT] Transfer on Death Deed

[Dalynne Singleton]

Has anyone prepared a transfer on death deed in Washington under new statute
rules?

 

RCW 64.80 provides what needs to be in the Deed.

64.80.060
Requirements.

A transfer on death deed:

     (1) Except as otherwise provided in subsection (2) of this section,
must contain the essential elements and formalities of a properly recordable
inter vivos deed;

     (2) Must state that the transfer to the designated beneficiary is to
occur at the transferor's death; and

     (3) Must be recorded before the transferor's death in the public
records in the office of the auditor of the county where the property is
located. 

It is interesting that the beneficiary is liable for creditor's claims
against transferor's probate estate:

64.80.120
Liability for creditor claims and statutory allowances.

A beneficiary of a transfer on death deed is liable for an allowed claim
against the transferor's probate estate and statutory allowances to a
surviving spouse and children to the extent provided in RCW
<http://app.leg.wa.gov/rcw/default.aspx?cite=11.18.200> 11.18.200,
<http://app.leg.wa.gov/rcw/default.aspx?cite=11.42.085> 11.42.085, and
chapter  <http://app.leg.wa.gov/rcw/default.aspx?cite=11.54> 11.54 RCW. 

If you have a sample, I would like to see it.  Thanks.

 

Dalynne Singleton

SINGLETON LAW GROUP, INC., P.S.

 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

 

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:dalynne at singletonlawgroup.net>
dalynne at singletonlawgroup.net

Web:     <http://www.singletonlawgroup.net/> www.singletonlawgroup.net

 

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