Deed Recording & Transfer on Death Deeds
Mulvaney Law Offices, PLLC
Recording and non-primary residence deeds are not covered by MetLife Legal Plans.
Recording of Quitclaim Deeds, Transfer on Death Deeds, and Deeds of Trust is NOT covered by MetLife Legal Plans — there is no relationship between the County Recorder and MetLife. Christopher has a contract with MetLife regarding Attorney's Fees only. Additionally, preparation of deeds other than your Primary Residence is not covered by legal insurance. Avoiding Probate on Real Property With a Transfer on Death Deed Effective June 12, 2014, Washington State approved legislation (HB 1117) authorizing Transfer on Death Deeds, which allow an individual owner of real property to automatically transfer the real property to one or more designated beneficiaries upon the owner's death. • A Transfer on Death Deed is treated as a non-probate asset for Washington estate tax purposes. • Beneficiaries take the property subject to liens, taxes, liabilities, and other encumbrances to which the decedent's estate is subject. • The transfer is exempt from Washington real estate transfer taxes, provided that a certified copy of the death certificate of the transferor is recorded to perfect title. • A Transfer on Death Deed creates no present interest in the beneficiary — the beneficiary's creditors cannot make a claim against the property during the owner's lifetime. • During the life of the owner, a Transfer on Death Deed does not affect the owner's right to transfer or encumber the property.
- Transfer on Death Deed (2 pages) — mail-in: $304.50 (no REETA, no Technology Fee)
- Transfer on Death Deed (3 pages) — mail-in: $305.50
- Quitclaim Deed (2 pages) + REETA — mail-in: $314.50 (includes $10 Technology Fee)
- Quitclaim Deed (3 pages) + REETA — mail-in: $315.50 | Add $1 per additional page
- Electronic recording with King County Recorder — approximately 1 business day — $400/deed via Zelle
- Preparation of non-primary residence deeds (Quitclaim or TOD) — discounted rate $150/deed via Zelle
- Contact Snohomish or Pierce County Recorders directly before attempting to record outside King County
- CAUTION: Keep paper and electronic copies of your Trust if any deed names the Trust as Beneficiary
Real estate deeds are not effective to avoid Probate unless recorded during your lifetime. Being alive is the only requirement for recording. Married people often do not record until the first spouse passes away. The emailed PDF of the deed — including instrument number, date, and time of recording — is the only proof of electronic recording you will receive. You can also register for the Recording Activity Notification System (RANS) to receive notice whenever a document is recorded on your property.
Alternative: Transferring a Washington LLC Interest After Death
When a Washington LLC interest is transferred after death without using a Transfer on Death Deed (TODD), the transfer is governed by personal property laws rather than real estate laws. Because the LLC owns the rental property, the real estate title does not change — instead, the membership interest in the entity itself shifts to the new owners. Options include: 1. Leverage the LLC Operating Agreement — Under Washington law (RCW 11.02.091), an operating agreement can explicitly name a death beneficiary. Under RCW 25.15.251, unless the operating agreement says otherwise, a beneficiary only inherits "economic rights" (cash distributions) and does not automatically get management or voting control. 2. Utilize a Revocable Living Trust — The owner signs an Assignment of LLC Interest transferring their membership to themselves as Trustee. Upon death, a named successor trustee instantly takes over the trust. 3. Joint Tenancy with Right of Survivorship (JTWROS) — The membership certificates and operating agreement must explicitly state this titling structure. 4. Intestate Probate as a Last Resort — A Probate case must be opened in a Washington Superior Court. Under Washington's "Ending Probates for Profit" legislation (EHB 2445), Testate Probates face stricter PR qualification rules. Crucial Tax Considerations: Washington Estate Tax — the asset's value counts toward the $3,000,000 exemption (deaths on or after July 1, 2026). REETA Forms can change more frequently than once a month — only the most recent form is valid for recording.
Reference Links
- HB 1117 — Washington State Transfer on Death Deed Legislation (PDF)
- RCW 11.02.091 — Written Instrument
- RCW 11.02.091 (PDF)
- RCW 25.15.251 — Transferable Interest
- RCW 25.15.251 (PDF)
- My DOR — Submit REETA Electronically
- REETA Form — May 1, 2026 (PDF)
- WAC 458-61A Exemption Codes (PDF)
- Pay recording or deed preparation fee via Zelle — scan QR code
Schedule a Free Consultation
MetLife Legal Plans accepted. No-cost, no-obligation Zoom consultation with Christopher Mulvaney.