A Washington quitclaim deed conveys real property interest from one party to another, and the grantor doesn’t make any covenants. It diverges from other property deeds, as this document doesn’t make any assurances or warranties about the ownership or title quality.
How to File
Filing a quitclaim deed in Washington is an easy process when you complete the deed properly and record it on time. Following the steps ensures the transfer is recognized.
Step 1: Decide Whether to Hire an Attorney
Consider hiring an attorney to help draft your quitclaim deed. While you can legally draft it yourself in Washington state, having legal assistance can ensure you make your document valid and withstanding.
Step 2: Obtain a State-Specific Form
Use a state-specific form to ensure you abide by the established legal requirements. You can use our template or, if you start from scratch, incorporate the wording “conveys and quitclaims” to emphasize your intent to transfer the property without warranties or promises (Wash Rev. Code 64.04.050).
Step 3: Prepare a Cover Sheet
According to state law, your quitclaim deed’s first page should include the assessor’s property tax parcel number, an abbreviated legal description, the grantee’s and grantor’s names, and a title. If you anticipate that you can’t include all this information on the first page, please prepare a cover sheet so you can abide by state requirements (Wash. Rev. Code § 65.04.045 and § 65.04.047).
Step 4: Enter the Preparer and “Return to” Information
Enter this information to dictate who prepares the document and who the document should go to once the county recorder’s office has finished the filing process.
Step 5: Record Essential Details
Record essential details, including the grantor’s and grantee’s information, consideration, and property’s legal description.
When recording the consideration, write the amount in words and document its numerical representation. For the legal description, include the property’s section, township, range, and quarter section or lot, block, and subdivision. Reference the previous deed or ask the recorder’s office in the municipality that the property is located in for guidance.
Step 6: Sign
The grantor must sign and print their name in the presence of a notary public who can notarize the document (Wash. Rev. Code § 64.04.020).
Step 7: File
Turn the document over to the county recorder’s or auditor’s office in the property’s county (Wash. Rev. Code § 65.08.070). If the county requires fees or additional forms, file these along with the document.
Costs and Fees
When you file a quitclaim deed in Washington, expect to pay filing fees along with potential real estate excise taxes. Being informed about the costs helps ensure your transfer goes smoothly.
Filing Fees
Wash. Rev. Code § 58.24.070 lets each county auditor charge filing and recording fees. They will vary by county. Each county may charge additional pages after the base recording fee.
For example, Spokane County, King County, and Pierce County all charge $303.50 to record a quitclaim deed and $1 for each additional page in the document.
Taxes
Prepare to pay various taxes, including a real estate excise tax and capital gains tax if applicable.
1. Real Estate Excise Tax
Washington imposes a real estate excise tax (REET) on property sales. The grantor (the property seller) usually pays the tax. The different types of REETs break down into state and local versions as follows:
- A statewide real estate excise tax, per Wash. Rev. Code § 82.45.060, applies in these circumstances:
- 1.1 percent for sales up to $500,000.
- 1.28 percent for sales between $500,001 and $1,500,000.
- 2.75 percent for sales between $1,500,001 and $3,000,000.
- 3 percent for sales over $3,000,000.
- 1.28 percent for all timberland or agricultural land sales.
- A local real estate excise tax, per Wash. Rev. Code § 82.46.010, allows all Washington cities to levy a 0.25 percent tax on property sales.
- Another local real estate excise tax, per Wash. Rev. Code § 82.46.035, allows municipalities planning under the Growth Management Act (GMA) to levy an additional 0.25 percent tax on property sales.
Exemptions to Excise Tax
Because many situations when Washingtonians may use quitclaim deeds are less formal than other property transfer methods, the scenarios may be tax-exempt. Exempted situations include:
- Gifts or inheritances of property.
- Transfers involving community property.
- Transfers of property during the dissolution of a marriage or domestic partnership.
- Transfers of property due to a legal separation.
- Tenants in common and joint tenants transferring property among one another.
- Changes in identity or form of ownership, such as transfers between family corporations and partnerships.
- Transfers where the Internal Revenue Code doesn’t recognize the capital gain.
- Quitclaims solely aimed at clearing, correcting, or adding to a property title.
An explanation of these and other exemptions is available in the Wash. Admin. Code Ch. 458-61a.
2. US Gift Tax
Washington state has no gift tax, but the federal government does. If you implement a quitclaim deed to transfer property as a gift, use IRS Form 709 to file for and pay your federal gift tax.
The IRS adjusts the gift tax limit annually, allowing grantors to give up to a certain amount of property value without paying tax. For example, for 2024, the annual gift tax limit is $18,000 per individual or $36,000 per couple. An individual or couple must adhere to this annual limit for an unrestricted number of recipients, but they can’t exceed their lifetime limit.
3. Capital Gains Tax
Washington’s capital gains tax does not apply to the sale or transfer of real estate. The grantor doesn’t have to pay capital gains tax regardless of factors like how long they owned the property, its location, whether it was their primary residence, or the property type.
The US government, however, collects capital gains tax on property transfers. Access IRS Topic No. 409 and IRS Publication 551 to learn about valuation, exemptions, and payment processes for US capital gains taxes.
Washington Quitclaim Deed Requirements
Quitclaim deeds in Washington must follow clear legal guidelines for them to be recorded correctly. Understanding these rules from the start helps you avoid unnecessary problems.
Legal Framework
Quitclaim deed requirements are present in Tit. 64 (Real Property and Conveyances of the Revised Code of Washington. Wash Rev. Code 64.04.050 requires using the phrasing “conveys and quitclaims” from the grantor to the grantee. Later in the document, it’s wise to include “release and quitclaim” to further emphasize the document’s intent.
The information in Tit. 65 (Recording, Registration, and Legal Publication) governs the formatting and processes of all legal documents for public filing, including quitclaim deeds.
Legal Description
Wash. Rev. Code § 65.04.045 requires the quitclaim deed’s preparer to state the property’s address, Assessor’s Property Tax Parcel Number (APN), and an abbreviated legal description of the property. The APN must be distinct from the legal description and other text.
An abbreviated legal description of the property includes:
- Lot, block, plat, or section.
- Township, range, and quarter/quarter section.
- A reference to the later document page number where the full legal description is present (if applicable).
Signing
For a quitclaim deed to be legally binding in Washington state, the grantor must sign their name before a notary who acknowledges the signature (Wash. Rev. Code § 64.04.020).
Terminology
State laws provide the sample language to incorporate in a quitclaim deed, specifically in Wash. Rev. Code § 64.04.050. The deed should include the phrasing that the grantor “conveys and quitclaims all interest in the property” to the grantee. While this exact form is not required, every quitclaim deed should include the same substance.
Additional Documents
Per Wash. Rev. Code § 65.04.047, the grantor or preparer must provide a cover sheet if certain information isn’t present on the deed’s first page. If any of the following information appears later than the first page of your completed document, please prepare a cover sheet with this information:
- The grantor’s full name and address.
- The grantee’s full name and address.
- The title “Quitclaim.”
- A brief legal property description.
- The Assessor’s Property Tax Parcel Number (APN).
Filing
A completed quitclaim deed should be filed in the Washington recorder’s office for the municipality where the property is located (Wash. Rev. Code § 65.08.070).
Community Property
Washington’s community property law (Wash. Rev. Code § 26.16.030) states that neither spouse shall give community property without the implied or express consent of the other. Therefore, it’s crucial to state whether the property conveyed via a quitclaim deed is community or separate.
Validity Requirements
A quitclaim deed must follow specific formatting requirements as Wash. Rev. Code § 65.04.045 outlines:
- Include a three-inch top margin on the first page.
- Place one-inch margins on the bottoms and sides.
- Use one of two paper sizes, either letter (8.5 x 11) or legal (8.5 x 14).
- Use a font that is eight-point type or larger for readability purposes.
Please note that state law also forbids the following information from appearing in a deed: social security numbers, dates of birth identified with particular people, and maiden names of people’s parents to be identified with particular people.
Content Requirements
The content portion of a quitclaim deed must include the following:
- The grantor and grantee’s names and addresses.
- The title “Quitclaim.”
- The return name and address.
- A brief property description (a longer property description may accompany it if you attach it separately).
- The property address and APN (listed separately).
- A consideration clause noting the amount of money exchanged in the transfer.
- A description of the manner in which co-owners will hold title.
- A granting clause stating the transfer the parties have agreed to.
Quitclaim Deeds vs. Other Property Transfer Methods in Washington
| Quitclaim Deed | Provides a full warranty of title that includes all title issues, including those that existed before the grantor became the owner. |
| Bargain and Sale Deed | Provides a limited warranty of title and restricts the grantor's liability to the timeframe when they owned the property (Wash. Rev. Code 64.04.040). |
| Special Warranty Deed | Similar to a bargain-and-sale deed in that it offers a limited warranty of title that is restricted to the grantor's ownership period. The difference is that its restrictions aren't present in state statutes; instead, the warranty defines itself within the deed. |
| Life Estate Deed | Creates a relationship between the property owner (the life tenant) and the remainder beneficiaries who receive the property after the life tenant's death. They must collaborate to make selling and financing decisions while the life tenant is alive. |
| Transfer on Death Deed | Similar to a life estate deed, but the owner maintains full control and authority during their lifetime. |
Sample Washington Quitclaim Deed
View a free Washington quitclaim deed sample. You can fill it out online and download it in the format you prefer, Word or PDF.
Frequently Asked Questions
Does a spouse have a claim to a property after signing a quitclaim deed in Washington State?
No. Once a spouse transfers the title via a quitclaim deed, they relinquish their rights.
How do I reverse a quitclaim deed in Washington State?
Once the grantor signs a quitclaim deed before a notary and files it with their county recorder’s office, a quitclaim deed is irreversible in most cases. However, mutual agreement between the grantor and grantee or legal issues could cause a court to invalidate the deed.
What are the disadvantages of a Washington quitclaim deed?
A quitclaim deed doesn’t guarantee ownership rights, so it offers limited legal protection to the grantee. Because of the potential for hidden encumbrances or liens, a grantee may unknowingly accept legal claims or debts.
The grantee can avoid issues by only accepting quitclaimed property from a grantor they already know and trust.
