Washington Code 64.80.100 – Effect at transferor’s death
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(1) Except as otherwise provided in this section, or in RCW 11.07.010, and 11.05A.030, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
Terms Used In Washington Code 64.80.100
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(a) Subject to (b) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
(c) Subject to (d) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(2) Subject to chapter 65.08 RCW, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death, including liens recorded within twenty-four months after the transferor’s death under RCW 41.05A.090 and 43.20B.080. For purposes of this subsection and chapter 65.08 RCW, the recording of the transfer on death deed is deemed to have occurred at the transferor’s death.
(3) If a transferor is a joint owner and is:
(a) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
(b) The last surviving joint owner, the transfer on death deed is effective.
(4) If the property that is the subject of a transfer on death deed is community property and:
(a) The transferor is married and is not joined in the deed by the transferor’s spouse or is in a registered domestic partnership and is not joined in the deed by the transferor’s domestic partner, the transferor’s interest in the property is transferred to the designated beneficiary in accordance with the deed on the transferor’s death; or
(b) The transferor is married and is joined in the deed by the transferor’s spouse, or is in a registered domestic partnership and is joined in the deed by the transferor’s domestic partner, and:
(i) Is survived by the transferor’s spouse or domestic partner, the deed is not effective upon the transferor’s death; or
(ii) Is the surviving spouse or domestic partner, the transfer on death deed is effective on the transferor’s death with respect to the transferor’s interest in the property as of the time of the transferor’s death.
(5) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
[ 2014 c 58 § 13.]