[WSBARP] Transfer on Death Deed with unequal beneficiary shares?

[Lynn Clare]

I advise clients that if they want to do something unequal, we have to do a
will. But I would be curious to hear if anyone has run into this on the
other side?  Had a TODD with unequal shares either accepted or rejected by
a county recorder?

Lynn Clare
Clare Law Firm


On Fri, Feb 20, 2026 at 2:58 PM Sara D. Longley <sara.longley at practus.com>
wrote:

> Hello listmates,
>
>
>
> In my reading of the law on Transfer on Death Deeds, RCW 64.80.100(1)(c)
> states that concurrent beneficiaries receive equal and undivided shares
> with no right of survivorship, with the share of any predeceasing
> beneficiary being divided among the surviving beneficiaries pursuant to
> (1)(d).
>
>
>
> However, more than once I have run across recorded TODDs that have
> concurrent beneficiaries receiving unequal shares.  I am looking at one
> right now that not only has unequal shares to each primary beneficiary, but
> also includes provisions for specific alternate beneficiaries for each
> primary beneficiary.
>
>
>
> I have not (yet) been called on to assist with distributing any interests
> inherited via one of these defective TODDs, but I wonder if anyone has
> insight into the right way to handle this.  Better yet, if I am reading the
> statute incorrectly I would love to be set straight!
>
>
>
> Thoughts?
>
>
>
> Sara
>
>
>
>
> *Sara D. Longley*   <https://www.practus.com/vcard/Sara_Longley.vcf>
> Associate
> [image: Practus Logo]
> [image: Phone] (360) 378-4450 (Main Office)
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> [image: Email] sara.longley at practus.com
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>   |  Connect on LinkedIn <https://www.linkedin.com/in/saradlongley/>
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