Washington Transfer on Death Affidavit

County Specific Legal Forms Validated as recently as October 27, 2026 by our Forms Development Team

About the Washington Transfer on Death Affidavit

Washington Transfer on Death Affidavit
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How to Use This Form

  1. Select your county from the list
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

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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 In addition, outdated information might interfere with property tax billing, possibly leading to fees and/or penalties.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)

Important: County-Specific Forms

Our transfer on death affidavit forms are specifically formatted for each of the 39 counties in Washington.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.