How to Fill Out and Record a Washington Statutory Warranty Deed

A Washington statutory warranty deed transfers real property with the strongest title protection the state recognizes, and preparing one correctly means drafting it in the statutory “conveys and warrants” form, getting the grantor’s signature notarized (plus the spouse’s if the property is community real estate), and submitting it to the County Auditor along with a Real Estate Excise Tax affidavit and recording fees. Get any required element wrong and the auditor can reject the document or charge a surcharge, so the details below matter.

The phrase “conveys and warrants,” when used in a properly executed deed, triggers three covenants under RCW 64.04.030: that the grantor owns the property in fee simple with authority to convey it, that the property is free from encumbrances created by the grantor or anyone claiming under the grantor, and that the grantor will defend the buyer’s title against lawful claims.¹ Those covenants bind the grantor whether or not the grantor knew about a particular defect, which is why buyers in arm’s-length sales almost always insist on this form rather than a bargain and sale or quitclaim deed.

Information to Gather Before You Draft

Pull all of the following together before you open a template. A missing or inaccurate item is the most common reason deeds get bounced at recording.

Full legal names of the grantor and grantee, spelled exactly as they appear on identification or entity documents.
The consideration (purchase price or other value exchanged), which feeds the excise tax calculation.
The complete legal description of the property, copied verbatim from the title report or the prior recorded deed. A street address is not sufficient; Washington requires a legal description adequate to identify the exact parcel, and an inadequate description can make the transfer voidable.²
The assessor’s parcel number, available through the county assessor’s website using the property address.
The vesting language that states how the grantee will hold title.

Choosing the Vesting

The deed must state how the grantee takes title, and the choice has consequences at death, divorce, or future sale. Washington deeds commonly use one of these:

Sole ownership, for a single person taking title alone (“Jane A. Smith, a single person”).
Marital community, for a married couple or registered domestic partners holding title together as one unit under community property law.
Joint tenancy with right of survivorship, which must specifically say “as joint tenants with right of survivorship and not as tenants in common.” The survivor automatically inherits the deceased co-owner’s share.
Tenants in common, where each owner holds a distinct share that passes through their estate at death. Shares are presumed equal if the deed is silent on percentages.

Community Property Requires Both Spouses to Sign

Washington is a community property state, and this trips up people whose names are the only ones on current title. If the property is community real estate, both spouses or registered domestic partners must sign the deed and both signatures must be notarized, even when only one spouse appears on the existing title. A deed signed by just one spouse transferring community property is not valid.³ Separate property acquired before marriage or by gift or inheritance can be conveyed by that spouse alone, but keep documentation of the separate-property status ready in case recording staff ask.

Filling In the Form

Standardized templates are available through the Washington State Bar Association, title companies, and many County Auditor websites. Enter the grantor and grantee names, the legal description, consideration, parcel number, and vesting language in the designated fields. Verify every name spelling and the parcel number against official records. A single transposed digit can send the deed to the wrong tax account or trigger a rejection.

What the First Page Must Contain

RCW 65.04.045 is specific about the first page.⁴ All of the following belong on page one:

A return address (name and mailing address of the person to receive the recorded deed back), placed in the top-left area below the three-inch top margin.
The document title, “Statutory Warranty Deed,” placed immediately below the top margin.
The grantor and grantee names, with a page reference if additional names appear later in the document.
An abbreviated legal description (lot, block, and plat name, or section, township, range, and quarter section), with a reference to the page carrying the full description.
The assessor’s parcel number, set apart from the legal description and other text.

Formatting Rules

Page one needs a three-inch top margin and one-inch margins on the bottom and sides. Every page after that needs one-inch margins on all sides. Use paper no larger than 8½ by 14 inches, text at least 8-point, and ink dark enough to scan legibly. Documents that fail these requirements get hit with a $50 nonstandard-format surcharge on top of normal recording fees, and an illegible document can be refused outright.⁵

Signing and Notarization

The deed must be in writing, signed by the grantor, and acknowledged before an authorized official. In Washington that means a notary public, a judge, a court clerk, or a county auditor.² The acknowledgment confirms identity and voluntary signing. For community property, both spouses sign and both signatures are acknowledged.³ Washington notaries can perform acknowledgments in person or by remote online notarization. Mobile notaries often add a travel fee, so ask about total cost before scheduling.

The Excise Tax Affidavit

Before the County Auditor will record a deed transferring real property, Washington requires a completed Real Estate Excise Tax (REET) Affidavit.⁶ The affidavit calculates the excise tax owed on the sale using the state’s graduated rate schedule, which tops out at 3.00% on the portion of the price above $3,025,000; most counties and some cities layer their own local REET on top of the state rate.⁷ Timberland and agricultural land are taxed at a flat 1.28% regardless of selling price.⁸ The affidavit must be signed by both buyer and seller (or their agents) and submitted with payment at recording. A minimum of $10 is due on every affidavit.⁹

Recording the Deed

The signed, notarized deed and the REET affidavit go to the County Auditor’s office in the county where the property is located. The base statutory recording fee is $5 for the first page and $1 for each additional page, but multiple surcharges funding the state library system, recording modernization, and housing programs push the real total higher.¹⁰ Check your county auditor’s current fee schedule for the all-in cost before you go.

Electronic recording is available in most Washington counties. If a title company or attorney is handling the transaction, they can typically submit the deed through an eRecording network, which speeds processing and catches formatting problems before they trigger a rejection. If you’re recording in person, bring the original deed, the signed REET affidavit with payment, and a check or money order for recording fees. Many auditor offices don’t accept cash or credit cards.

Once accepted, the auditor assigns an instrument number, indexes the document, and returns the original (or a certified copy) to the return address on page one. The recorded deed is constructive notice to the world that ownership has changed.

How It Differs From a Quitclaim or Bargain and Sale Deed

The level of protection drops sharply if you use anything else. A bargain and sale deed warrants only that the seller owns the property, has authority to convey it, and hasn’t personally created encumbrances; it makes no promises about defects from earlier in the chain of title. A quitclaim deed transfers whatever interest the grantor happens to have, with no warranties at all. If the grantor has no interest, the grantee gets nothing and has no legal claim.

Quitclaims are common between family members, divorcing spouses, or co-owners cleaning up title. For an arm’s-length sale at market price, the statutory warranty deed is the standard, and most buyers and their lenders will require it. Even so, title insurance is worth carrying alongside the deed. The covenants give the buyer a personal claim against the grantor, but a grantor who is broke or unreachable can’t pay a judgment. Title insurance pays the claim directly.

1
Washington State Legislature. RCW 64.04.030 – Warranty Deed – Form and Effect
2
Washington State Legislature. RCW 64.04.020 – Requisites of a Deed
3
Washington State Legislature. RCW 26.16.030 – Community Property – Disposition – Agreement
4
Washington State Legislature. RCW 65.04.045 – Recorded Instruments – Requirements – Content Restrictions – Form
5
Washington State Legislature. Washington Code Chapter 65.04 – Recording
6
Washington Department of Revenue. Real Estate Excise Tax Forms
7
Washington Department of Revenue. Real Estate Excise Tax
8
Washington State Legislature. RCW 82.45.060 – Real Estate Excise Tax
9
Washington State Department of Revenue. Real Estate Excise Tax Affidavit
10
Washington State Legislature. RCW 36.18.010 – Fees of County Officers