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

[Lynn Clare]

I have had this experience as well.  The title companies disliked omitted
heirs in both cases.  It's frustrating to have a statute that is supposed
to make end of life property distribution simpler, and it simply does not
work that way.  I basically advise against them now unless my client is
single or a couple that have been married to only each other for many
years, have only children from a single relationship, and want to leave the
house to those children in equal shares.

Otherwise I tell my client that they are going to need a will and that
probate is just not as aggravating or expensive as a fight with a title
company.

Lynn Clare

On Fri, Feb 20, 2026 at 3:28 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> 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
>
>
>
> Heather S. de Vrieze
> *(she/her)*
>
> *Attorney-at-Law*
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> Seattle, WA 98116-3705
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> heatherd at westseattlelaw.com
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> www.westseattlelaw.com
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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>
> 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>
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