Washington: How to Transfer Real Property to a Child After a Spouse Dies | Washington Probate | FastCounsel
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Washington: How to Transfer Real Property to a Child After a Spouse Dies

August 18, 2025 6 min read

Step-by-step guide to transferring real property after a spouse dies (Washington)

Disclaimer: This article explains common Washington procedures and legal concepts. It is not legal advice. Laws change and every situation is different. Contact a Washington attorney or the local county offices for guidance specific to your facts.

Detailed Answer

When a spouse dies, the next steps to make your child the owner depend on how the property was titled before death and whether the deceased left a trust or will. In Washington, some ownership forms pass ownership automatically at death; others require probate or other court steps before a new deed can be recorded. Below are the typical paths and the practical steps you will take in each.

1) First, collect documents you will need

  • Certified copy of the death certificate (obtain from the county vital records office).
  • Current recorded deed showing how title is held (get a copy from the county auditor/recorder or the county assessor’s online portal).
  • Any will, trust documents, or beneficiary/TOD deed, if one exists.

2) Determine how the property was titled

Common options:

  • Joint tenants with right of survivorship: The surviving joint tenant typically becomes sole owner automatically. You will record proof of death to clear title.
  • Community property with right of survivorship: Similar survivorship effect: title passes to surviving owner automatically.
  • Tenants in common: The deceased’s share does not pass automatically. It becomes part of the deceased’s estate and must be transferred by will, trust, or probate.
  • Trust ownership: If the deed names a trust, the successor trustee follows the trust terms and can transfer title without probate.
  • Transfer-on-death (TOD) deed: If a valid TOD (or beneficiary) deed named your child, the property transfers outside probate when the deed is properly recorded with proof of death.

3) If title passed automatically on death (joint tenancy or survivorship)

Even though ownership vests automatically, you normally record paperwork to update the county records so your child can show clear title later. The usual steps:

  1. Obtain a certified death certificate.
  2. Complete an affidavit of survivorship or affidavit of death of joint tenant (many county recorders accept a short affidavit signed under penalty of perjury). Contact your county auditor/recorder to confirm the form and any local requirements.
  3. Record the affidavit and the certified death certificate with the county auditor/recorder where the property is located. The county will then reflect the surviving owner as the recorded owner.
  4. If you want the child to be owner instead of the surviving spouse, the surviving owner will need to sign a deed transferring the property to the child (for example, a quitclaim deed or warranty deed). That deed is then recorded.

4) If title did not pass automatically (will, intestacy, or tenants in common)

If the deceased owned an inheritable interest that became part of the probate estate, you usually must open probate, or use another statutory transfer mechanism, before recording a new deed. Typical steps:

  1. File a petition for probate in the superior court of the county where the decedent lived or where the property is located. Washington probate law is in Title 11 of the Revised Code of Washington (RCW). See the Washington statutes on probate for more information: RCW Title 11 (Probate).
  2. The court appoints a personal representative (executor/administrator). The representative gets Letters Testamentary or Letters of Administration from the court.
  3. The personal representative can then sign a deed (often called an executor’s or administrator’s deed) conveying the property to the child pursuant to the will or court order. That deed will reference the probate case and attach or cite the court order authorizing the transfer.
  4. Record the executor’s deed and a certified copy of the court order (or letters) with the county auditor/recorder to update title.

5) If property is held in a trust

If the property is titled in a revocable trust, the successor trustee follows the trust’s directions. The successor trustee prepares and records a deed transferring trust real property to the named beneficiary (your child) and records any required trust certification or affidavit per county practice.

6) Transfer-on-Death (TOD) or beneficiary deed

Washington recognizes deeds designed to transfer on death when properly executed and recorded. If a valid TOD/beneficiary deed names your child, the beneficiary must record a certified death certificate and the recorded TOD deed to effect transfer.

7) Recording the deed

Prepare a new deed with the correct legal description and signatures required by Washington law. For deeds signed by a personal representative, include a reference to the probate case and attach the court order or letters appointing the representative. Take the deed, certified death certificate, and any court documents to the county auditor/recorder for recording. The recording statutes and procedures are found in Title 65 of the RCW: RCW Title 65 (Recording and Conveyances).

8) Taxes, fees and exemptions

Recording fees vary by county. Washington also imposes a real estate excise tax (REET) on many transfers; some transfers at death or between family members may qualify for exemptions. Check Washington Department of Revenue rules and RCW chapters addressing excise taxes: RCW 82.45 (Real Estate Excise Tax). For property tax and possible exemptions (for example, parent-child transfer exemptions that may apply to property tax reassessments), review Title 84: RCW Title 84 (Property Tax).

9) Practical tips to avoid delays

  • Confirm local county auditor/recorder requirements before recording — counties sometimes require specific forms or cover sheets.
  • Use a full legal description (found on the last recorded deed). Parcel numbers alone are not sufficient for recording a deed.
  • If you expect to transfer property to a child, consider having an attorney prepare the deed and check for tax or creditor issues.

Helpful Hints

  • Start by confirming title: visit the county assessor/auditor website to download the recorded deed and see how the property is titled.
  • Get multiple certified death certificates — all sorts of offices (banks, recorder, probate) will request them.
  • If the deed shows joint tenancy or a survivorship clause, call the county recorder to learn the exact affidavit or form they accept to clear title.
  • If the decedent left a trust or a TOD deed, those often avoid probate — locate the original documents and contact the successor trustee or named beneficiary.
  • If you must open probate, the court clerk’s office can provide local filing instructions and basic forms; a probate attorney can reduce errors and speed the transfer.
  • Ask about transfer taxes, recording fees, and whether a county requires an I.R.S. tax identification number on recorded documents.
  • Keep copies of everything recorded and obtain an official recorded copy of the new deed for the child’s records.
  • When in doubt, consult a Washington estate or real estate attorney — mistakes in deed language or failure to follow probate rules can cause costly delays.

For more on Washington probate and recording rules, see the Washington State Legislature’s RCW titles referenced above and contact your county auditor/recorder and superior court probate clerk for local procedures.

Remember: this explanation is educational only and does not replace personalized legal advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.