Recording Deeds in Washington: A Practical Guide for Estate Planning Attorneys

Washington is one of the more procedurally unforgiving states in which to record a deed. The formatting standards are statutory and strictly enforced, the recording fees are among the highest in the country, and — the point that catches most out-of-state practitioners — nearly every conveyance has to clear a second county office before the Auditor will accept it.

Here is what estate planning counsel needs to know before sending a Washington deed to record.

1. Two offices, in order: Treasurer first, then Auditor

Deeds are recorded with the County Auditor (the Recorder's Office in King County) in the county where the property sits — 39 counties statewide.

But the Auditor will not touch a conveyance until the County Treasurer has processed a Real Estate Excise Tax Affidavit ("REETA") and stamped the deed. This is true even when no tax is owed. A gift deed to a revocable living trust, a spousal transfer, a deed funding an irrevocable trust — all of them require an affidavit claiming an exemption, processed by the Treasurer, before recording.

Sending a Washington deed straight to the Auditor is the single most common reason an out-of-state package comes back unrecorded.

2. The REET affidavit and the exemptions you will actually use

The affidavit (DOR Form 84-0001A) must be signed by both grantor and grantee (or their agents), and must cite the correct WAC exemption code. The exemptions that recur in estate planning practice:

Two traps worth flagging to clients:

• Debt is consideration. A "gift" deed of encumbered property is taxable to the extent of the debt assumed. The Supplemental Statement exists precisely to make the preparer attest to this, and DOR audits it.
• Proportional interests must stay the same. Under WAC 458-61A-211, if the grantors' proportional interests shift after the transfer, the mere-change-in-form exemption fails and tax is due.

Even a fully exempt transfer costs money: a $5 state electronic technology fee applies to every transaction, plus a $5 affidavit processing fee where an exemption is claimed — a $10 minimum per affidavit.

3. Formatting standards (RCW 65.04.045 and .047)

Washington's first-page requirements are statutory, and the Auditor has no discretion to waive them:

• 3-inch top margin on page one; 1-inch bottom and side margins on page one and all sides of every other page. Margins must be blank — no stray marks, no writing.
• Return name and address in the upper left corner, within the 3-inch margin.
• Document title(s) immediately below the 3-inch margin, describing every transaction contained in the instrument.
• Reference number(s) of any prior recorded document the instrument affects.
• Grantor and grantee names, in the indexing block.
• Abbreviated legal description on page one, with the full legal description in the body (or an attached exhibit referenced on page one).
• Assessor's parcel / tax account number.
• Minimum 8-point font; page size no larger than 8½ x 14.
• No attachments affixed to the page other than firmly attached barcode or address labels. Taped or stapled notary blocks are rejected.
• No Social Security numbers, dates of birth, or a parent's maiden name may appear in the instrument.

If page one cannot carry all of that, RCW 65.04.047 lets the preparer attach a cover sheet containing the required indexing information; it records as part of the instrument and is billed as an additional page. A document that fails the margin or font standards can still be recorded as non-standard for an additional $50 — a useful escape hatch when a deadline is running, but not something to design around.

4. What it costs

Recording fees are set by statute (RCW 36.18 and 36.22) and are uniform across all 39 counties:

• $303.50 for the first page of a deed, $1.00 for each additional page
• $304.50 for the first page of a deed of trust
• $50 non-standard document fee, if applicable
• Multiple titles in one instrument are billed as multiple documents

That first-page figure includes a $183 housing affordability surcharge and a $100 Covenant Homeownership assessment added effective January 1, 2024. Set client expectations early — a Washington deed recording is not a $30 line item.

5. Transfer on death deeds

Washington adopted the Uniform Real Property Transfer on Death Act at chapter 64.80 RCW. A TODD must (1) contain the elements and formalities of a recordable inter vivos deed, (2) state that the transfer occurs at the transferor's death, and (3) be recorded before the transferor dies. An unrecorded TODD found in a client file after death is worthless.

Two practice notes:

• No REET affidavit is required to record the TODD itself, and no tax is due on recording.
• After death, the beneficiaries perfect title by recording a certified death certificate together with a signed affidavit claiming the inheritance exemption under WAC 458-61A-202, in the same county.

Beneficiaries also take subject to creditor claims and statutory allowances of the transferor's estate — a TODD moves the asset out of probate administration, not out of reach.

Washington does not recognize enhanced life estate ("Lady Bird") deeds. Where an out-of-state form calls for one, the TODD is the Washington analogue.

6. Community property is a live drafting issue

Washington is a community property state. A community property agreement under RCW 26.16.120 is recordable and is routinely used to vest survivorship without probate — but a CPA and a funding deed can produce contradictory results if drafted in isolation. Review both before recording anything, and confirm spousal joinder on any conveyance of community real property.

7. Pre-submission checklist

• Correct deed form (statutory warranty, bargain and sale, or quitclaim under RCW 64.04.030–.050)
• Full legal description verified against the last vested deed — not the tax statement
• Abbreviated legal and parcel number on page one
• Acknowledgment complete, notary commission unexpired, seal legible and not obscuring text
• REETA signed by all parties, correct WAC code, supplemental statement or trust copy attached
• Treasurer stamp obtained before submission to the Auditor
• Correct fee, including any non-standard surcharge
• Return address in the top-left of the 3-inch margin

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