To transfer a property title in Washington, you choose the right type of deed, sign it in front of a notary (both spouses if the property is community property), file a Real Estate Excise Tax affidavit with the county treasurer, and record the deed with the county auditor in the county where the property sits. Skip or fumble any of those steps and the transfer can stall or, worse, produce a deed that won’t hold up.
Pick the Right Deed
Washington law recognizes several deed forms, and each one shifts a different amount of risk from the person transferring the property (the grantor) to the person receiving it (the grantee). Choosing the wrong form is one of the most common mistakes in do-it-yourself transfers.
Warranty Deed
A warranty deed gives the grantee the strongest protection available. The grantor guarantees they own the property, have the right to convey it, and that no undisclosed liens or claims exist. If a title problem surfaces later, the grantor is legally responsible for defending the grantee’s ownership.1Washington State Legislature. Washington Code 64.04.030 – Warranty Deed Form and Effect This is the standard deed in arm’s-length sales and what a buyer should insist on when purchasing from a stranger.
Quitclaim Deed
A quitclaim deed sits at the opposite end. The grantor transfers whatever interest they happen to have, and makes no promises that the interest is valid, complete, or lien-free. If it turns out the grantor had nothing to convey, the grantee has no recourse under the deed itself.2Washington State Legislature. Washington Code 64.04.050 – Quitclaim Deed Form and Effect Quitclaims work well for transfers between family members, between divorcing spouses, or to clean up a title defect where both parties already understand what they’re dealing with.
Bargain and Sale Deed
A bargain and sale deed is the middle ground. The grantor guarantees they haven’t personally created liens or encumbrances during their ownership, but takes no responsibility for problems that predate them.3Washington State Legislature. Washington Code 64.04.040 – Bargain and Sale Deed Form and Effect Personal representatives settling estates, trustees, and parties in foreclosure situations commonly use this form because they may not have full knowledge of the property’s history.
Get Both Spouses to Sign When the Property Is Community Property
Washington is a community property state, and this catches people off guard. Neither spouse nor registered domestic partner may sell, convey, or place a lien on community real property without the other joining in the deed. Both must sign, and both signatures must be notarized.4Washington State Legislature. Washington Code 26.16.030 – Community Property Defined, Management and Control
This applies even when only one spouse’s name is on the title. Property acquired during the marriage is presumed to be community property regardless of whose name appears on the deed. A transfer signed by only one spouse is voidable, meaning the non-signing spouse can challenge it later.
Separate property — anything owned before the marriage or received as a gift or inheritance during the marriage — can be conveyed by the owning spouse alone. But proving property is truly separate gets complicated fast, especially if community funds went toward mortgage payments or improvements. When there’s any doubt, getting both signatures eliminates the risk.
Prepare the Deed So It Will Actually Record
Every Washington deed must be in writing, signed by the grantor, and acknowledged before a notary public.5Washington State Legislature. Washington Code 64.04.020 – Requisites of a Deed Beyond those basics, a deed that will get recorded needs several specific elements:
- Full legal names of all grantors and grantees, their marital status, and current mailing addresses.
- A statement of consideration — the amount paid. For a gift, use language like “for love and affection” indicating no money changed hands.
- The full legal description from the previous recorded deed or a title report. A street address or tax parcel number alone will not satisfy recording requirements.
- Notarization for every grantor’s signature. Washington notaries can charge up to $15 for an acknowledgment, or up to $25 for a remote notarial act performed electronically.6Washington State Legislature. Washington Administrative Code 308-30-220 – Notary Fees
The legal description is where most homemade deeds go wrong. The abbreviated description on your property tax statement is for the assessor’s internal use and often isn’t enough. Pull the full description from your most recent recorded deed or from a title commitment. One transposed number or a missing boundary call can create a gap in the chain of title that’s expensive to fix later.
File the Real Estate Excise Tax Affidavit
Washington imposes a Real Estate Excise Tax (REET) on most property transfers, and it uses graduated rates that climb with the sale price.7Washington State Legislature. Washington Code 82.45.060 – Tax on Sale of Property The seller is legally responsible for paying REET, though parties can negotiate a different arrangement in the purchase agreement. Either way, the county auditor will not record the deed until the REET affidavit is processed and any tax owed is paid.
State REET Rates
The current state-level REET rates published by the Washington Department of Revenue are:8Washington Department of Revenue. Real Estate Excise Tax
- 1.10% on the portion of the sale price up to $525,000
- 1.28% on the portion from $525,001 to $1,525,000
- 2.75% on the portion from $1,525,001 to $3,025,000
- 3.00% on the portion above $3,025,000
The brackets work like income tax brackets: each rate applies only to the portion of the price within that band. A $600,000 home is taxed at 1.10% on the first $525,000 and 1.28% on the remaining $75,000. Many cities layer a local REET on top of the state tax, so the total varies by location. Timberland and agricultural land are taxed at a flat 1.28% rather than the graduated brackets.
Common Exemptions
Not every transfer triggers REET. Washington exempts several categories:9Washington Department of Revenue. Real Estate Excise Tax Exemptions Commonly Used
- Genuine gifts of real property with no consideration. If the grantee assumes existing debt, REET applies to the debt amount even if the equity is a gift.
- Transfers through a will, probate order, trust instrument, transfer on death deed, or to a surviving spouse under a community property agreement.
- Transfers between spouses or registered domestic partners to create or divide community property under a divorce decree or separation agreement.
Exempt transfers still require a completed REET affidavit filed with the county treasurer before the deed can be recorded. The affidavit declares the sale price or property value and identifies the exemption claimed.
Late Payment Penalties
REET is due at the time of sale. If it goes unpaid past one month, interest starts accruing from the sale date at a rate the Department of Revenue sets annually, and penalties stack on top:10Washington State Legislature. Washington Code 82.45.100 – Tax Payable at Time of Sale, Interest, Penalties
- More than 1 month late: 5% penalty on the tax owed
- More than 2 months late: 10%
- More than 3 months late: 20%
On an $800,000 sale, state REET alone runs roughly $9,290. A 20% penalty adds another $1,858 that’s entirely avoidable by paying on time.
Record the Deed With the County Auditor
Once the deed is signed, notarized, and the REET affidavit is processed, take the deed to the county auditor in the county where the property is located. Recording creates the public record of the transfer and protects the new owner against later claims by anyone who didn’t have notice of the sale.
Washington’s recording fees look small on paper. The base statutory fee is $5 for the first page and $1 for each additional page, but that number is nearly meaningless because state law stacks mandatory surcharges on top.11Washington State Legislature. Washington Code 36.18.010 – Auditor Fees The largest is a $183-per-document surcharge that funds homelessness and affordable housing programs.12Washington State Legislature. Washington Code 36.22.250 – Document Recording Surcharge Additional surcharges cover library operations, archives, and technology. Recording a standard single-page deed typically costs well over $200. Call your county auditor for the exact total.
You can submit the deed in person, by mail, or through an electronic recording service. E-recording accepts documents around the clock and gives you immediate confirmation or a rejection notice explaining what to fix, which saves a second trip to the courthouse.
Transferring at Death: Transfer on Death Deeds
If you want the property to pass to someone when you die rather than transferring it now, a transfer on death deed (TODD) is an option Washington adopted in 2014.13Washington State Legislature. Washington Code 64.80 – Uniform Real Property Transfer on Death Act A TODD has no effect during the owner’s lifetime and transfers the property only at death, avoiding probate for that asset.
To be valid, a TODD must include everything a standard recordable deed contains, must explicitly state that the transfer occurs at the owner’s death, and must be recorded with the county auditor before the owner dies. An unrecorded TODD is worthless. The owner can revoke a TODD at any time by recording a revocation or a new TODD, and selling the property during life overrides it.
One catch worth knowing: a TODD beneficiary remains liable for the deceased owner’s unpaid debts and any statutory allowances owed to a surviving spouse or children, so the property doesn’t pass entirely free and clear if creditor claims exist. A TODD also covers only real property, not bank accounts, investments, or personal belongings.
Consider a Title Search or Title Insurance
In a purchase transaction, title insurance protects against defects in the chain of title that a routine search might miss, such as forged deeds in the property’s history, undisclosed heirs, or recording errors. A lender’s policy is typically required by the mortgage company and protects only the lender.14Consumer Financial Protection Bureau. What Is Lender’s Title Insurance An owner’s policy is optional but strongly recommended; it covers the legal defense and financial loss if a defect surfaces later. Premiums are a one-time cost at closing, typically 0.5% to 1% of the purchase price.
For non-sale transfers like gifts or family transactions where no title company is involved, consider at least ordering a title search even if you skip insurance. A search reveals existing liens, judgments, and encumbrances that will follow the property to the new owner. Finding a $30,000 tax lien before recording the deed is far cheaper than discovering it after.