A Transfer on Death Deed (TOD Deed) is one of the simplest and most cost-effective tools for avoiding probate on real property in Washington State. Christopher Mulvaney has prepared hundreds of TOD Deeds for clients throughout the Puget Sound region.
Washington State adopted the Uniform Real Property Transfer on Death Act (RCW Chapter 64.80) effective January 1, 2015. House Bill 1117 (2021) amended and strengthened the statute.
Key Benefits of a TOD Deed
Important: A TOD Deed must be recorded with the county auditor before the owner's death to be valid. A TOD Deed that is signed but not recorded has no legal effect.
Frequently Asked Questions
What is a Transfer on Death Deed?
A Transfer on Death Deed (TOD Deed) is a legal document that allows a property owner to designate one or more beneficiaries to receive real property at the owner's death — without going through probate. The deed is recorded during the owner's lifetime but has no effect until death. The owner retains full control of the property during their lifetime and can revoke or change the beneficiary designation at any time.
What law authorizes TOD Deeds in Washington State?
Washington State adopted the Uniform Real Property Transfer on Death Act (RCW Chapter 64.80), effective January 1, 2015. The statute was amended by House Bill 1117 in 2021 to clarify several provisions and expand the use of TOD Deeds.
What types of property can be transferred by a TOD Deed?
A TOD Deed can be used to transfer any real property in Washington State — including a primary residence, vacation home, rental property, vacant land, or commercial property. It cannot be used to transfer personal property (bank accounts, vehicles, investments) — those assets require different beneficiary designation mechanisms.
Who can be named as a beneficiary?
Any individual, trust, charity, or other legal entity can be named as a beneficiary. You can name multiple beneficiaries (who will receive the property as co-owners) or alternate beneficiaries (who receive the property if the primary beneficiary predeceases you). If you name a trust as beneficiary, the trust must be in existence at the time of your death.
Does a TOD Deed avoid probate?
Yes. Property transferred by a TOD Deed passes directly to the named beneficiary at the owner's death, without going through probate. This can save significant time and expense. However, the beneficiary must still record an affidavit of survivorship and a certified copy of the death certificate with the county auditor to complete the transfer.
Does a TOD Deed affect my ability to sell or mortgage the property during my lifetime?
No. A TOD Deed does not affect your ownership rights during your lifetime. You can sell, mortgage, refinance, or otherwise encumber the property without the beneficiary's consent. If you sell the property before your death, the TOD Deed is automatically revoked as to that property. If you take out a mortgage, the beneficiary will receive the property subject to that mortgage.
How do I revoke a TOD Deed?
You can revoke a TOD Deed at any time by recording a revocation document with the county auditor in the county where the property is located. You can also revoke a TOD Deed by recording a new TOD Deed for the same property — the new deed supersedes the old one. A TOD Deed cannot be revoked by a will.
What are the requirements for a valid TOD Deed in Washington State?
A TOD Deed must: (1) identify the transferor (owner) and the beneficiary; (2) describe the property; (3) state that the transfer is to take effect at the transferor's death; (4) be signed by the transferor with the same formalities as a deed (notarized); and (5) be recorded with the county auditor before the transferor's death. A TOD Deed that is not recorded before the transferor's death has no effect.
What happens if the beneficiary predeceases me?
If the named beneficiary predeceases you and you have not named an alternate beneficiary, the TOD Deed lapses and the property will pass through your estate (by will or intestate succession). To avoid this, always name alternate beneficiaries or consider using a trust as the primary beneficiary.
Does a TOD Deed protect the property from my creditors after my death?
No. Under RCW 64.80.090, a beneficiary who receives property through a TOD Deed takes it subject to any claims that could have been made against the transferor's estate. Creditors of the estate may be able to reach the property transferred by TOD Deed if the estate's other assets are insufficient to pay debts. This is an important limitation compared to a revocable living trust, which may offer more creditor protection in some circumstances.
Should I use a TOD Deed instead of a revocable living trust?
A TOD Deed is simpler and less expensive than a revocable living trust for a single piece of real property. However, a revocable living trust offers several advantages: it can hold multiple assets (not just real property); it provides for management of assets during incapacity; it can include more sophisticated distribution provisions; and it may offer more creditor protection. For many clients, a TOD Deed is a useful complement to — not a replacement for — a comprehensive estate plan.
Governing Statute
RCW Chapter 64.80 — Uniform Real Property Transfer on Death Act
House Bill 1117 (2021) — Amendments to TOD Deed Statute
Read RCW Chapter 64.80 →