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

[Heather de Vrieze]

How is this solution better than simply spelling out the distribution/division plan in a will (or RLT if you prefer)?

Heather

Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DCA4DE.4EF1D9C0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Monday, February 23, 2026 3:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed with unequal beneficiary shares?

If I were called upon to provide a Client with a transfer on death deed with two or more unequal beneficiaries, I might be inclined to advise the Client that they could create a limited liability company as the beneficiary with the membership interests in the limited liability company being allocated according to the desired interests to be transferred.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Lynn Clare
Sent: Monday, February 23, 2026 9:22 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Transfer on Death Deed with unequal beneficiary shares?

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<mailto: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
[cid:image001.jpg at 01DCA4DE.4EF1D9C0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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