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Washington Real Estate Deeds
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State Compliant
Washington real estate conveyances are governed primarily by Chapters 64 and 65 of the Revised Code of Washington (RCW). Washington is a community property state, and the manner in which property is held—separate or community—affects how it may be conveyed.
Ownership and Authority to Convey
Individuals of legal age and corporations with contractual capacity may acquire and convey real property in Washington. Washington permits aliens to acquire, hold, mortgage, and convey real estate on the same basis as citizens (RCW 64.16.005).
Property may be held individually, jointly, or as community property. The form of ownership determines survivorship rights and whether spousal participation may be required in a conveyance.
Form of Conveyance
Washington law broadly requires that every conveyance of real estate and every contract creating or evidencing an encumbrance upon real estate be made by deed (RCW 64.04.010). A deed must be in writing, signed by the grantor, and acknowledged before an authorized officer (RCW 64.04.020).
Warranty deeds and quitclaim deeds are commonly used. The type of deed selected determines the scope of title warranties conveyed.
Acknowledgment and Recording
A deed must be acknowledged before it may be recorded. Once properly acknowledged, it may be recorded in the office of the county auditor in the county where the property is located (RCW 65.08.070).
If acknowledged outside Washington, additional certification may be required unless the acknowledgment was taken before a notary public with seal, clerk of a court of record, or commissioner authorized under statute (RCW 64.08.020).
Deeds must comply with statutory formatting requirements set forth in RCW 65.04.045 before recording will be accepted.
Recording and Priority
Washington follows a race recording statute. An unrecorded conveyance is void as against a subsequent purchaser or mortgagee in good faith and for valuable consideration whose conveyance is first duly recorded (RCW 65.08.070).
Priority among competing interests is determined by the order of recording. Recording imparts constructive notice of the contents of the instrument.
Because Washington requires that real estate interests and encumbrances be conveyed by deed, and because priority depends strictly on recording with the county auditor, careful execution and prompt recordation are essential to protect property rights.
Ownership and Authority to Convey
Individuals of legal age and corporations with contractual capacity may acquire and convey real property in Washington. Washington permits aliens to acquire, hold, mortgage, and convey real estate on the same basis as citizens (RCW 64.16.005).
Property may be held individually, jointly, or as community property. The form of ownership determines survivorship rights and whether spousal participation may be required in a conveyance.
Form of Conveyance
Washington law broadly requires that every conveyance of real estate and every contract creating or evidencing an encumbrance upon real estate be made by deed (RCW 64.04.010). A deed must be in writing, signed by the grantor, and acknowledged before an authorized officer (RCW 64.04.020).
Warranty deeds and quitclaim deeds are commonly used. The type of deed selected determines the scope of title warranties conveyed.
Acknowledgment and Recording
A deed must be acknowledged before it may be recorded. Once properly acknowledged, it may be recorded in the office of the county auditor in the county where the property is located (RCW 65.08.070).
If acknowledged outside Washington, additional certification may be required unless the acknowledgment was taken before a notary public with seal, clerk of a court of record, or commissioner authorized under statute (RCW 64.08.020).
Deeds must comply with statutory formatting requirements set forth in RCW 65.04.045 before recording will be accepted.
Recording and Priority
Washington follows a race recording statute. An unrecorded conveyance is void as against a subsequent purchaser or mortgagee in good faith and for valuable consideration whose conveyance is first duly recorded (RCW 65.08.070).
Priority among competing interests is determined by the order of recording. Recording imparts constructive notice of the contents of the instrument.
Because Washington requires that real estate interests and encumbrances be conveyed by deed, and because priority depends strictly on recording with the county auditor, careful execution and prompt recordation are essential to protect property rights.
Important: County-Specific Forms
After selecting your document type, you'll need to choose the specific county where your property is located. Each county in Washington has unique formatting requirements that must be followed for successful recording.
Common Uses for Washington Deed Forms
- Transfer property between family members
- Add or remove names from property titles
- Transfer property into or out of trusts
- Correct errors in previously recorded deeds
- Gift property to others