![]() If you use a Do It Yourself Legal Form available on, you acknowledge and agree that, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. Any use of a Do It Yourself Legal Form from our website is undertaken AT YOUR OWN RISK. The Do It Yourself Legal Forms provided on our Website are not guaranteed to be usable, accurate, up-to-date, or suitable for any legal purpose. Furthermore, each form, including any related instructions or guidance, is not tailored to your specific requirements and is not guaranteed or warranted to be up-to-date, accurate, or applicable to your individual circumstances. You acknowledge and agree that your purchase and/or use of a form document does not constitute legal advice nor the practice of law. ![]() On our Site, we provide self-help "Do It Yourself Legal Forms." By using a form from our Site, you explicitly agree to our Terms of Use. Legal Forms Disclaimer Use of Legal Forms: Since each situation is unique, contact an attorney with specific questions or for complex circumstances. Even so, a TODD may not be appropriate for everyone. With the new transfer on death deeds, real property owners in Washington have access to a convenient, flexible tool for managing one aspect of a comprehensive estate plan. All beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (according to 64.80.100(2)). To prevent this from happening, the owner may identify one or more contingent beneficiaries. Note, however, that the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate (64.80.100(1)(b)). These details, along with the fact that TODDs only convey the property rights remaining, if any, at the owner's death, explain why they do not require notice or consideration (64.80.070).Īccording to 64.80.100(1)(a), the beneficiary gains equitable interest in the property ONLY when the owner dies. This includes the freedom to sell or transfer it to someone else, and to modify or revoke the intended transfer on death (64.80.090). Instead, the transferors retain absolute control during their lives. The named beneficiary gains no present rights to the property, only a potential future interest. It must be recorded before the transferor's death in the office of the clerk of the county commission in the county where the property is located (64.80.060(3)). It must state that the transfer to the designated beneficiary is to occur at the transferor's death (64.80.060(2)) It must contain the essential elements and formalities of a properly recordable inter vivos deed, such as warranty or quitclaim deed (64.80.060(1)) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will (64.80.050, 11.12.010). Washington's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds: Unnecessary conflicts are likely to add confusion and expense, so best practices dictate that landholders should take care to ensure that their wills and TODDs lead to the same outcomes. Transfer on death deeds are nontestamentary, which means ownership of the property passes to the beneficiary without instructions in a will or the need for probate (64.80.040). The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed. Along with Washington, a growing number of states are choosing to adopt the provisions of the URPTODA. This statute is based on the Uniform Real Property Transfer on Death Act (URPTODA). Find the full text in the Revised Statutes of Washington at Chapter 64.80. Real estate owners in Washington have an estate planning option: the transfer on death deed (TODD). What is the Washington Transfer on Death Deed
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