Detailed answer — How to re-record or update a joint survivorship deed in Washington (WA)
Short answer: if a deed created a joint tenancy with right of survivorship, ownership of the property automatically vests in the surviving joint tenant(s) at death. To update public records you typically record a certified death certificate together with an affidavit or survivorship form and, if needed, a new deed. If the deed did not create survivorship rights, or a last surviving owner died, you may need to open a probate or use small‑estate procedures. Below are clear steps, a short hypothetical, and links to Washington law and county recording rules.
Key Washington law references
- Washington laws on real property: RCW Title 64 — Real Property
- Washington laws on recording and county recorders: RCW Title 65 — Recording
- County auditor/recorder office websites provide local forms, fees, and recordation rules — check the recorder/auditor for the county where the property sits.
Hypothetical example to illustrate
Mary and John signed a deed in 2010 that expressed they held the property “as joint tenants with right of survivorship.” John died in 2024. At John’s death Mary automatically became sole owner by operation of law. To show that on public records, Mary records a certified copy of John’s death certificate and an affidavit of survivorship (or other county‑accepted form). The county auditor then indexes the evidence of survivorship so title searches reflect Mary as sole owner.
Step‑by‑step: How to update the recorded title after a co‑owner dies
- Confirm the deed language. Read the recorded deed. Look for clear survivorship language such as “joint tenants with right of survivorship,” “with right of survivorship,” or similar wording. If the deed uses “tenants in common,” there is no survivorship right.
- Obtain certified death certificate(s). Order a certified copy of the decedent’s death certificate from the vital records office in the state where death occurred. Most county auditors require a certified copy when you record a death‑related affidavit.
- Check for mortgages or liens. If there is an outstanding mortgage, the lender usually remains secured by the loan and should be notified. The lender or a title company can advise whether additional documents are needed to clear or update the lien.
- Get the county’s required form or affidavit. Many Washington counties accept a short “Affidavit of Surviving Joint Tenant” or “Affidavit of Death of Joint Tenant.” Visit the county auditor/recorder website for the specific county where the property is located to find forms and recording fee amounts. If the county does not publish a form, a generic affidavit that describes the deed, the decedent, and the surviving owner(s), and attaches the certified death certificate, often suffices.
- Prepare and sign documents before a notary. The affidavit and any new deed must be signed in the presence of a notary public and include the appropriate acknowledgment. Recording rules and acknowledgment language are set by state law and county practice (see RCW Title 65).
- Record the affidavit and supporting documents with the county auditor/recorder. Bring the affidavit, the certified death certificate, any new deed (if you choose to record one), and payment for recording fees to the county office where the property lies. The auditor will index the documents so public records reflect the change.
- Consider recording a new deed (optional but common). Survivorship often vests automatically without a new deed, but many surviving owners record either: a) the affidavit only, or b) a short grant deed/quitclaim deed from the surviving owner(s) to themselves as sole owner to create a clear recorded chain of title. If you record a new deed, follow deed preparation and acknowledgment rules in RCW Title 64.
- Update property tax and insurance records. Notify the county assessor about the change in ownership if requested. Update homeowner’s insurance and any utilities or accounts tied to the property.
- Get title documents updated if you have title insurance. Contact the title company that issued title insurance to request a reissue or endorsement reflecting the survivorship transfer.
- Seek legal help if the situation is contested or unclear. If the deed language is ambiguous, multiple people claim survivorship, the decedent had no survivorship deed, or the last surviving owner died, you may need probate or other court proceedings. In those cases contact an attorney experienced in Washington probate and real estate.
Common complications and how to handle them
- Deed lacks clear survivorship language: If the deed uses “tenants in common” or is ambiguous, survival does not automatically pass. You may need probate or a court action to quiet title.
- All owners died: If the last surviving named owner also died, the property will typically pass under the decedent’s will or intestacy laws and may require probate. Washington probate information is available via the state courts website.
- Simultaneous death (common disaster): If co‑owners die in a common incident and you cannot establish order of death, consult an attorney. The law treats these situations differently depending on evidence and the deed.
- Mortgage or creditor claims: Survivorship does not erase liens. Mortgages remain enforceable; contact the lender and a lawyer if the lender refuses to recognize the survivorship transfer.
When you need an attorney
Get a lawyer if any of the following apply:
- Title is disputed by other family members or creditors.
- The deed language is ambiguous and you cannot determine survivorship from the record.
- A last surviving owner died and you must probate the estate or use small‑estate procedures.
- Complex tax, lender, or multi‑jurisdictional issues exist.
Practical checklist (quick)
- Locate and read the recorded deed.
- Order certified death certificate(s).
- Check county auditor website for required affidavit/form and fees.
- Prepare and notarize affidavit of survivorship (or new deed, if preferred).
- Record documents at the county auditor/recorder where the property sits.
- Notify lender, assessor, insurance, and update title insurance if applicable.
Helpful links
- Washington State Legislature — RCW Title 64 (Real Property): https://app.leg.wa.gov/rcw/title/64/
- Washington State Legislature — RCW Title 65 (Recording): https://app.leg.wa.gov/rcw/title/65/
- Find your county auditor/recorder for local recording forms and fees: search “[County Name] Washington auditor” or go to your county’s official website.
Helpful Hints
- Always record a certified death certificate with any survivorship affidavit — counties usually require it.
- Keep a copy of recorded documents and obtain a certified copy of the new recording for title and tax purposes.
- If you plan to sell soon, record updates early so escrow and title work move smoothly.
- County procedures vary. Check the county auditor/recorder site before preparing documents.
- Recording fees are small compared to the cost and delay of unresolved title issues—don’t skip recording.
Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every situation is different. For advice tailored to your facts, contact a licensed Washington attorney or your county auditor/recorder.