This form is a Transfer on Death Deed where the Grantor/Owner is an individual and the Grantee/Beneficiary is also an individual. This transfer is revocable by Grantor/Owner until death and effective only upon the death of the Grantor. Does NOT includes provision for successor beneficiary in the event primary beneficiary does not survive Grantor/Owner. This deed complies with all state statutory laws.
Washington Transfer on Death Quitclaim Deed from Individual to Individual without provision for Successor Beneficiary
Category:
State:
Washington
Control #:
WA-01-83
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Washington Transfer on Death Quitclaim Deed from Individual to Individual without provision for Successor Beneficiary is a legal instrument that allows an individual (the grantor) to transfer real estate property to another individual (the grantee) upon the grantor's death. This deed does not include a provision for a successor beneficiary, meaning that if the grantee passes away before the grantor, the transfer will not occur to anyone else.
How to complete a form
To fill out the Washington Transfer on Death Quitclaim Deed, follow these steps:
- Begin by filling in the names of the grantor and grantee.
- Provide a complete legal description of the property, which can be found in previous deeds or obtained from your local county auditor.
- Indicate the date of transfer, which will be effective upon the death of the grantor.
- Sign the deed in the presence of a notary public.
- Submit the deed for recording at the office of the county auditor in the county where the property is located.
Who should use this form
This form is ideal for individuals who wish to transfer property to someone else upon their death without the complications of probate. It is beneficial for people seeking to ensure that their property is passed directly to a specific individual without delays or additional costs. This form can be particularly useful for those without a plan for successor beneficiaries or those who want to simplify their estate planning process.
State-specific requirements
In Washington State, it is essential to record the Transfer on Death Quitclaim Deed before the death of the grantor. The deed must be filed with the county auditor where the property is located. Additionally, all property described in the deed must be legally owned by the grantor at the time of recording, and it is recommended to use the correct legal property description to avoid any disputes.
What to expect during notarization or witnessing
When notarizing the Washington Transfer on Death Quitclaim Deed, the grantor must appear before a notary public and verify their identity. The notary will require identification and will witness the grantor's signature on the deed. It is also important to note that notarization is often necessary to ensure the document's validity during recording, providing assurance that the grantor willingly signed the deed.
Common mistakes to avoid when using this form
When completing the Transfer on Death Quitclaim Deed, users should avoid the following common mistakes:
- Failing to include a complete legal description of the property.
- Not signing the deed in front of a notary public.
- Recording the deed after the grantor's death, which invalidates the transfer.
- Forgetting to keep a copy of the recorded deed for personal records.
Benefits of using this form online
Using the Washington Transfer on Death Quitclaim Deed online offers several advantages:
- Convenience of accessing and completing the form from your home.
- Immediate availability and no need to visit a legal office.
- Ability to download and print the document as needed.
- Access to user-friendly guidelines that simplify the completion process.
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How to fill out Washington Transfer On Death Quitclaim Deed From Individual To Individual Without Provision For Successor Beneficiary?
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FAQ
File a petition in probate court. The first step to transferring the property to the rightful new owners is to open up a case in probate court. Petition the court for sale and convey the property to the purchaser. Next, you must petition the court to sell the property.
So long as the quitclaim deed is valid (properly notarized, etc.) it can be recorded even after the grantor's death, so property owned by the deceased which has been deeded in that quitclaim deed should not need to pass through probate.
If it was inherited, succession law comes into play. Once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar's office.
If you'd like to avoid having your property going through the probate process, it's a good idea to look into a transfer on death deed. A transfer on death deed allows you to select a beneficiary who will receive your property, but only when you've passed away.
A revocable TOD deed does not avoid the owner's creditors. Creditors may seek collection against the designated beneficiaries as to secured and unsecured obligations of the original owner.
The Washington transfer-on-death deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
A quitclaim deed is sometimes used to avoid probate court by transferring an interest in real property before someone's death. The property is transferred by deed during their life, instead of being transferred by a will after the grantor's death.
If the deceased was sole owner, or co-owned the property without right of survivorship, title passes according to his will. Whoever the will names as the beneficiary to the house inherits it, which requires filing a new deed confirming her title. If the deceased died intestate -- without a will -- state law takes over.
If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an 'Assent' to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.