What Type of Deed Should Heirs Sign to Convey Their Interests in Out-of-County Washington Property, and How Is It Recorded?

Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney before acting.

Detailed Answer

Under Washington law, heirs who inherit real estate must use the proper deed form to transfer their interest. The form depends on whether the property passes through probate or by operation of law.

1. Probate Transfer via Personal Representative’s Deed

• If the decedent’s estate is probated, the personal representative appointed by the court conveys title. Washington’s RCW 11.44.090 authorizes a Personal Representative’s Deed. This deed recites the court order, lists the heirs as grantors or grantees, contains a full legal description, and bears the representative’s signature and seal.
• After execution and notarization, the representative records the deed in the county auditor’s office of the county where the property lies—even if that is a different county from where probate occurred.

2. Non-Probate Transfer via Statutory Quitclaim Deed

• When no probate takes place (for example, small-estate procedures or property passing by survivorship), heirs use the Statutory Quitclaim Deed under RCW 64.04.010(3). This deed conveys whatever interest the grantors (the heirs) hold, without warranties.
• The deed must include:
  • A proper heading and recitals identifying the decedent’s estate and each heir.
  • The full legal description of the property.
  • The signatures of all heirs as grantors, each acknowledged by a notary under Washington’s notarial statutes.
• Heirs then record the quitclaim deed in the county auditor’s office for the county where the property is located. Include any required excise tax affidavit or exemption under RCW 64.40.020 and the Declaration of Value if applicable.

Key Recording Steps

1. Prepare the correct deed form (Personal Representative’s or Statutory Quitclaim).
2. Obtain signatures and notarial acknowledgments on all pages requiring execution.
3. Attach required attachments: court order (for probate deeds), tax affidavits, and Declaration of Value.
4. Submit the original deed to the county auditor’s recording department where the property is located and pay the recording and excise tax fees.
5. Obtain a stamped copy for your records.

Helpful Hints

• Verify county fee schedules online—fees vary by county.
• Use the statutory form exactly; alterations can cause rejection.
• If you skip probate but qualify for small-estate procedures, consult RCW 11.62 before drafting a quitclaim deed.
• Record in the county where the property lies, not where you live or where probate occurred.
• Keep copies of all recorded documents and fee receipts for your estate file.

Remember, this information is general. For guidance on your specific situation, reach out to a qualified real estate or estate planning attorney in Washington.