Washington Transfer on Death Affidavit Forms

Transferring a Washington Real Estate Title to a Transfer on Death Beneficiary

The Revised Statutes of Washington set out the rules for transfer on death deeds at Chapter 64.80. Property transferred in this way is not passed in a will; instead, the named beneficiary's share is conveyed as a function of law, but not until after the property owner dies.

To perfect the title, RCW 82.45.197(7) discusses recording a certified copy of the owner's death certificate. Otherwise, the deceased owner's name would remain on the title. This inaccuracy can create confusion during a title search and slow down the transfer process. In addition, outdated information might interfere with property tax billing, possibly leading to fees and/or penalties.

By executing and recording an affidavit of facts as to death to accompany the death certificate the beneficiary can clarify the intended outcome of the transfer. This action keeps property records up-to-date, verifies interests and rights to the title, and ensures smoother transfers in the future.

Each circumstance is unique, so please contact an attorney with questions or for complex situations.

(Washington TODA Package includes form, guidelines, and completed example)