[WA] How do I properly execute and record a transfer on death deed for my wife who is currently on her death bed?

Lexi, Chatbot

I’m truly sorry to hear about your wife’s condition; that must be incredibly difficult for you and your family. Can you confirm if your wife is currently able to sign documents and understand the implications of the transfer on death deed?

Lexi, Chatbot

Have you already checked with a local notary in Washington State to ensure they can assist you with the signing and witnessing process?

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.

Can you confirm if your wife is currently able to sign documents and understand the implications of the transfer on death deed?

Have you begun to arrange a traveling notary to be present? Or have you checked with the hospital staff if they have one they can call?

Benjamin

Under RCW 64.80 (Washington’s Real Property Transfer on Death Act), the TODD must:

• Include her full legal name
• Include the exact legal property description (from the last recorded deed)
• Name the beneficiaries (your 3 children)
• State that it is a Transfer on Death Deed
• Clearly state no present interest is conveyed
• Be signed by the current owner (your wife)
• Be notarized

Any notary from any state is acceptable if they follow standard notarial practices. A California notary is fine.

The deed must be recorded before your wife’s death. This is absolutely required. If she passes before it is recorded, the TODD is void and the house will pass through probate. (WA Rev Code § 64.80.040)

Since she is hospitalized in CA:

Option A — Hospital Notary
Nearly all large hospitals have an on-call notary who will come to her room.

Option B — Mobile Notary
You can hire a mobile notary to go to her bedside.

Important: The notary must verify her ID. Valid forms include:

• CA driver’s license
• CA ID
• U.S. passport
• Other state ID

Recording Options:

1. Option 1 — Record In Person or By Mail
   • Spokane County Auditor – Recording Division: 1116 W Broadway Ave. Spokane, WA 99260
   • Recording fee: usually about $203–$214.
   • Processing is same-day once received.
2. Option 2 — Record Electronically (Fastest)
   • Spokane County accepts e-recording through approved vendors such as:
     • Simplifile
     • CSC (Corporation Service Company)
     • ePN (eRecording Partners Network)
   • How it works:
     • Scan the fully signed and notarized TODD as a PDF
     • Upload it
     • Pay recording + service fee
     • Recording usually completed same day or next business day
     • You receive a stamped recorded copy via email
   • This ensures recording happens before her passing.
   • Also, verify the full legal description (not just the street address). Obtain it from:
     • Her existing deed, or Spokane County Assessor website
   • If space is limited, attach the legal description as “Exhibit A.”
   • No need for beneficiary signatures. Only your wife signs and notarizes.

Benjamin

The listed outline above should address all your questions and allow you to get this done quickly. Good luck.

Benjamin

OK, go ahead.

Benjamin

Yes — having a beneficiary signature line on a Washington TODD is incorrect and can create legal problems. You should remove it before your wife signs the deed.