How Does A Transfer On Death Deed Work?

A Transfer on Death Deed (TODD), also known as a Beneficiary Deed or a Revocable Transfer on Death Deed, is a legal instrument used in Washington State to facilitate the transfer of real property to designated beneficiaries upon the death of the property owner.

This document offers a streamlined and efficient way to transfer real estate assets outside of the probate process, simplifying the inheritance process for loved ones.

In Washington State, the TODD is governed by specific statutory provisions found in Chapter 64.80 RCW, which sets forth the requirements and procedures for creating and executing such a deed. To create a valid TODD in Washington State, you need to adhere to the following key aspects:

• Ownership: The property owner (grantor) must be the sole owner of the property or have the consent of all co-owners.
• Beneficiary Designation: The grantor must clearly identify the beneficiaries who will receive the property upon their death. Beneficiaries can be individuals, organizations, or entities.
• Recording: The TODD must be recorded with the county recorder’s office in the county where the property is located. This is essential to ensure that the deed is legally binding and publicly accessible.
• Revocability: Washington State law allows the grantor to revoke or change the TODD at any time during their lifetime without the consent of the beneficiaries, as long as they follow the required procedures for revocation.
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