What Is a Quitclaim Deed in Washington State?
A Washington quitclaim deed allows you to give up whatever ownership interest you have in a property, without making promises about the title. It’s often used when the people involved already trust each other.
In this type of transfer:
- The grantor is the person giving up their rights to the property
- The grantee is the person receiving whatever ownership interest the grantor is giving up.
Washington recognizes quitclaim deeds under RCW 64.04.050. Note that a quitclaim deed does not guarantee that the title is clear, that the grantor fully owns the property, or that there are no liens. It only transfers whatever interest the grantor currently holds. In Washington, quitclaim deeds are commonly used for:
- Family transfers, such as from a parent to a child
- Divorce or legal separation
- Estate planning, like putting a home into a trust
- Correcting a title, such as fixing a misspelled name
Washington Quitclaim Deed Requirements
Quitclaim deeds in Washington must meet specific legal and formatting requirements to be valid. Following these rules can help you avoid delays and file your documents quickly with the county auditor.
Required Quitclaim Language
As per RCW 64.04.010, all real estate transfers in Washington must be in writing. Your quitclaim deed must include clear language that shows the grantor is giving up their interest in the property to the grantee.
This is typically done by adding a granting clause, which is a short statement that explains who is transferring the property to whom. The clause commonly uses language showing that the grantor conveys and quitclaims their interest to the grantee.
If you’re transferring property due to divorce or legal separation, you should specify whether the property is community or separate property. Washington community property law requires both spouses to agree before transferring community assets (RCW 26.16.030).
Formatting Standards
There are strict rules for formatting in Washington that help the county auditor’s office record your document correctly. Under RCW 65.04.045, your quit claim deed must:
- Be typed in at least 8-point font
- Use letter (8.5 x 11) or legal (8.5 x 14) paper
- Having a 1-inch margin on the bottom sides
- Include a 3-inch top margin on the first page and 1 1-inch on the other pages
- Include a “return to” name and address on the page
- Show the title “quitclaim” prominently
If this information is missing from the first page. Washington law requires that you include a cover sheet with that information listed clearly (RCW 65.04.047):
- The grantor’s and grantee’s full names and addresses
- The document title
- A brief legal description of the property
- The assessor’s parcel number (APN)
- The “return to” name and address
Always double-check your first page before filing. County offices may reject deeds that are missing required details or formatted incorrectly.
Signatures and Notarization
To make a quitclaim deed form legally binding in Washington state, only the grantor must sign the document. The grantor’s signature must be notarized by a Washington notary public. The grantee does not need to sign the deed (RCW 64.08.010).
Sample Washington Quitclaim Deed
Take a look at a sample Washington quitclaim deed form below to see what information is typically included. Once you’re ready, use our step-by-step questionnaire to customize your own form and download your deed in PDF or Word format.
How to File a Quitclaim Deed in Washington State
There are a few key steps you’ll need to follow in order to record and file your quitclaim deed in Washington properly.
Step 1 – Get a Copy of the Current Deed
Begin by requesting the most recent deed for the property through the county auditor’s office where the property is located. This ensures that you copy the correct legal description and ownership details for the property.
Step 2 – Complete the Deed
Fill out your quitclaim deed using the information from the current deed. Make sure everything is accurate and formatted according to the Washington state requirements. To save time, you can use Legal Templates’s free Washington quitclaim deed form that complies with all state requirements.
Step 3 – Sign Before a Notary Public
After completing the deed, the grantor must sign it in front of a Washington notary public. The grantee does not need to sign. You can use a free Washington notary acknowledgment form to meet this requirement.
Step 4 – Fill Out the Real Estate Excise Tax Affidavit
Along with your quitclaim deed form, you’ll also need to submit a real estate excise tax affidavit, even if the transfer isn’t taxable. Washington uses this form to record property transfer and confirm whether any tax applies.
Use Form 84-0001A to report the details of the transfer. If the transfer qualifies for an exemption, you can indicate that on the form (WAC 458-61A-202).
Step 5 – File With the County Auditor
Take your completed deed and excise tax form to the county auditor’s office where the property is located (RCW 65.08.070). Be prepared to pay any recording fees and excise tax (if required). After filing, give the grantee a copy of the recorded deed for their records.
Washington Quitclaim Deed Costs and Fees
There are certain recording fees and taxes that you may have to pay when you file a quitclaim deed in Washington. The exact amount may vary depending on your situation, but knowing what to expect can help you plan ahead.
Filing and Recording Fees
Each county in Washington sets its own filing fees. Under RCW 58.24.070, county auditors are allowed to charge for recording deeds, and some may charge more depending on the number of pages. For example, King, Spokane, and Pierce counties charge up to $305.50 to record a standard quitclaim deed, with an added $1 for each additional page.
Excise Tax Exemptions
Washington typically charges a Real Estate Excise Tax (REET) whenever real property is transferred (RCW 82.45.060). However, many quitclaim deed transfers, especially those between family members or during a divorce, qualify for an exemption.
As per Washington Administrative Code Chapter 458-61A, you may not have to pay excise tax if your transfer falls under one of the following categories:
- Gifts or inheritances
- Transfers between spouses or domestic partners
- Transfers due to divorce or legal separation
- Community property transfers
- Transfers between tenants in common or joint tenants
- Transfers that don’t change the actual ownership, such as between family-owned corporations or partnerships
- Transfers with no gain recognized by the IRS
- Transfers to correct or clarify a title
Federal Gift Tax
Washington does not have a state gift tax, but the IRS does. If you use a quitclaim deed to give property as a gift, you may need to file IRS Form 709. As of 2024, the federal gift tax limit allows you to give up to $18,000 per person (or $36,000 per couple) without triggering a tax. Gifts that exceed this amount count toward your lifetime exemption, and you must still report them to the IRS even if no tax is due.
Capital Gains Tax
Washington state does not charge capital gains tax on real estate transfers. It doesn’t matter how long you owned the property, where it’s located, or whether it was your home. With that said, however, the federal government may charge capital gains tax depending on the increase in value of the property. Access IRS Topic No. 409 and IRS Publication 551 to learn about valuation, exemptions, and payment processes for US capital gains taxes.