General information
A deed is a legal document that transfers title (ownership) for real estate. The laws about deeds and other conveyances are in RCW Chapter 64.04.
The basic requirements for a deed in Washington are: it must be in writing, contain a legal description of the property, be signed by the grantor (the person(s) granting title to the property) and the grantor’s signature must be notarized.
- Deed Basics from Carmichael Clark PS
Types of deeds
There are several different types of deeds. The most commonly used are quitclaim deeds, bargain and sale deeds, and (statutory) warranty deeds. However, there are also other more specialized types of deeds.
- Deeds in Washington State from Rocket Lawyer
- Types of Deeds in Washington State video from DAL Law Firm
Forms
The Washington State Bar Association has blank deed forms for quitclaim, bargain and sale, warranty, and personal representative deeds. They also have other forms related to the sale and transfer of real estate.
A transfer on death deed can be appropriate as part of making estate plans for when you die.
Filling out deeds
A deed must be filled out properly in order to do what you intend. A key part of the deed is who is being named as the person(s) receiving the real estate who will then be the new owner(s).
If you own land, you "hold title" to that real estate. Title can be held in the name of one person or entity, or multiple people or entities. When writing a deed, you need to think about how you want title held for the new owners. How you write this part of the deed changes what ownership the new owners get:
- Understanding titling and deeds from Skyline Law Group PLLC
- Common Ways to Hold Title - Washington from Old Republic Title
- Common Ways of Holding Title from Old Republic Title
- How do you take ownership of property as tenants in common or joint tenants? What's the difference? from Nolo
You can search Clark County’s GIS Property Information Center to see examples of recorded deeds. Enter an address in the Search box to look up houses in your neighborhood or elsewhere. Click on the Auditor Docs tab to see various deeds that may have been filed for the property.
Recording
There are formatting requirements for deeds in order to have them recorded. The Clark County Auditor's Office has a recording guide that lists these requirements. They also have a cover sheet to use as the first page of your document if the first page does not contain the required information or have the required margins.
Real Estate Excise Tax Affidavits are required when a deed is recorded. They be printed or can be picked up at the joint lobby of the Clark County Treasurer's Office. Legal size paper is no longer required.
Effects of deeds
The way a deed is written changes how the people named in the deed hold title to the real estate. Different wording creates different legal ownership rights and inheritance rights. There are other possible consequences to doing a deed such as tax effects or impacts on eligibility for benefits.
Transferring title is a significant financial decision that create problems if done incorrectly and can have unintended consequences even if done correctly. Discussing your specific situation with an attorney before doing a deed can prevent future problems.