Bypass Probate in Whatcom County with a Transfer on Death Deed, or Beneficiary Deed
If you want your Bellingham home to land in the right hands after your death, without the court detour known as probate, and without the work or expense of a Revocable Trust, a Transfer on Death deed is one of the cleanest tools available in Washington. It moves a property directly to the person (“Beneficiary”) you name, keeps the process out of public probate, and can compress months of work into days.
What A Transfer on Death Deed Actually Does
A Transfer on Death deed, also called a Beneficiary Deed, is a deed you record now that takes effect when you pass away. While you are alive, you keep full control. You can live there, rent it, refinance, or sell it. If you still own it when you die, title shifts to your named beneficiary. No court order – and no probate of the estate – is required.
How It Works In Washington and Who does What
You decide who should receive the property.
You request from a local title company a copy of your current deed, or a recent title report, so you have the exact legal description.
Your Washington estate attorney prepares a Transfer on Death deed that uses standard Washington deed formatting. The deed clearly states that the transfer happens at your death.
You, and your spouse if you are married, review the deed. Make sure names are spelled correctly, the legal description matches your records, and the beneficiary is exactly who you intend.
You sign the deed in front of a Washington notary. Bring a photo ID so the notary can verify your identity.
Your attorney, or you if you prefer, record the signed deed with the Whatcom County Auditor and pay the recording fee. Ask for a stamped copy and keep it with your estate papers.
You tell your beneficiary where the recorded deed and your important papers are kept. Let them know that they will have steps to complete after your death.
You, if your plans (or your intentions) change, contact your attorney. They will prepare a revocation or a new Transfer on Death deed. You or your attorney will record that document with the Auditor, the same way you did the original.
Your beneficiary, after your death, orders a certified death certificate. They record it and file the Real Estate Excise Tax affidavit that claims the Transfer on Death exemption. After these filings, title will be clear in your beneficiary’s name, so the property can be refinanced, kept, sold, rented… whatever they choose.
Washington Rules To Know
Survivorship timing
Washington’s 120 hour survival rule applies. Your beneficiary must outlive you by at least five days to take the property.
Multiple and alternate beneficiaries
You can name more than one beneficiary and you can name alternates. Spell out what happens if someone predeceases you.
Community property
If the home is community property, both spouses usually sign the Transfer on Death deed. If only one spouse signs, that spouse’s share may pass to the beneficiary and the survivor may end up as a co-owner with the beneficiary.
Creditors and Medicaid
A Transfer on Death deed does not erase mortgages, tax liens, or valid creditor claims. Medicaid estate recovery may still apply.
When A Transfer on Death Deed Is A Great Fit
You own a primary home in Whatcom County and want it to pass to a specific person without probate.
Your overall estate is simple and you do not need the ongoing control that a living trust provides.
Your beneficiary gets along with the other heirs and will cooperate on a quick sale if needed.
When To Consider Other Tools Instead
If you want to split one property among several people who do not cooperate well, a trust can name one decision maker.
If you own rentals or out of state property, a trust can coordinate everything in one plan.
If you are disinheriting someone who may challenge transfers, a trust with strong capacity documentation may be a better shield.
Step By Step In Whatcom County
Talk with a Washington estate attorney about your goals and who you would ideally like to take the title.
Have the attorney prepare a Washington compliant Transfer on Death deed.
Record it with the Whatcom County Auditor.
Keep a copy with your estate papers and tell your beneficiary where it is.
If life changes, record a revocation or a new deed.
After death, the beneficiary records the death certificate and files the Real Estate Excise Tax affidavit that claims the exemption. Title is then clear to sell or refinance.
This little known tool is extremely useful and nimble for those who want a clean transfer on death of their property, without the delays of probate and without the expense or logistics of setting up a trust.
