Washington Transfer on Death Revocation

Revoking a Transfer on Death Deed in Washington

Earlier this year, the Washington legislature voted to join with an increasing number of states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at Chapter 64 of the Revised Code of Washington, and went into effect on June 12, 2014. This act allows owners of real property in the state to control the distribution of what is often their most significant asset, their real estate, by executing and recording a transfer on death deed (TODD).

Revocation is an important feature of transfer on death deeds because it allows the owner/transferor to easily respond to a change in circumstances. This option explains why TODDs do not require consideration or notice (64.80.070). At 64.80.080, the statute outlines the three methods available for changing or revoking a recorded transfer on death deed, by executing and recording:

- a new TODD

- a revocation form

- a deed (example: warranty deed) that conveys title to someone else and expressly revokes all or part of the TODD

To preserve a clear chain of title, it makes sense to file a revocation form when changing a previously recorded transfer on death deed or selling the property outright. This extra step will add an end point for the potential transfer, simplifying future title searches prior to selling or mortgaging the property.

Since each situation is unique, contact an attorney with specific questions or for complex circumstances.

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