Washington now has authorized the use of Beneficiary Deeds (sometimes referred to as “Transfer on Death Deeds”) which will enable many clients to avoid the necessity of probate proceedings.  In the case of a simple estate plan where a single person wants to leave their assets to their children, or to a small group of individuals, a client can sign and record a Beneficiary Deed by which the title to their home, or other parcels of real property located within the State of Washington, will be automatically transferred into the ownership of the beneficiaries without the requirement of a probate proceeding.  The deed does not convey any interest in the parcel(s) of real property until the death of the individual who created the deed, or in the case of a married couple, the death of the surviving spouse.

Renton Real Estate Law Attorney

The Beneficiary Deed strategy is effective only to transfer ownership of the parcel(s) of real estate described in the deed.  So that imposes on the client the burden to be certain that all other assets pass to the intended beneficiary by using some strategy other than the Beneficiary Deed.  Principal among those alternative strategies would be the use of Joint Tenancy with Right of Survivorship or designation of a Pay On Death Beneficiary.

When Can It Be Revoked?

The Beneficiary Deed can be revoked at any time before the death of the individual who created the deed, or in the case of a married couple, the death of the surviving spouse.

Many clients with relatively simple estate planning intentions will find that the Beneficiary Deed is a very appropriate way to leave their parcel(s) of real estate to their intended beneficiaries without the requirement of a probate proceeding.

We Are Here To Help

If you have any questions or if you wish to discuss this case further, please do not hesitate to contact Dan Kellogg at (425) 227-8700.