[WSBARP] Transfer on Death Deed

[Bickel, Dwight]

There is no form. Use a standard quitclaim deed (or SWD). By statute, there are no warranties regardless. [See 64.80.100(5).]

BUT, most important! You must include this statement:

"This deed is not effective to transfer to the Beneficiary until my death."

Unfortunately, I was not willing to approve insuring based upon a deed that was probably intended to be a transfer on death deed, because the lawyer decided to make "a form." It was just a quitclaim, but it was entitled, "Transfer on Death Deed." It did not include the statutory requirement. Maybe that title satisfied the statute; maybe not. I required deeds from the decedent's heirs rather than assume that risk.

RCW 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.


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