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

[Inge Fordham]

Stewart Title will insure with a valid TODD (though they may also require a LOPA).  Sometimes it’s easier to open probate.  Sometimes it’s easier (and more cost effective) to use a LOPA.  Depends on the circumstances.


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Inge A. Fordham | Attorney
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Date: Friday, February 20, 2026 at 3:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed with unequal beneficiary shares?

I would expect pushback from a title company, not the recorder. Frankly I find that title companies don’t really like these deeds and make it difficult for a beneficiary to sell property received via a TODD.

Heather

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Friday, February 20, 2026 3:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed with unequal beneficiary shares?

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<mailto: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



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