Deed Transferring Real Property into Living Trust - Washington

REET affidavit. A deed transferring property into a revocable trust generally qualifies for the exemption in WAC 458-61A-211(2)(g). File a completed REET affidavit claiming that exemption with the county when recording this deed (WAC 458-61A-303). Provide any additional documentation the Department of Revenue requires for the claimed exemption.

PART I — RECORDING COVER INFORMATION

Document Title: ☐ Statutory Warranty Deed — to Revocable Living Trust ☐ Quitclaim Deed — to Revocable Living Trust

Grantor(s): [____________________________________]

Grantee(s): [____________________________________], Trustee

Reference No.(s) of related documents: [____________]

Abbreviated Legal Description: [LOT/BLOCK/PLAT or QTR/SEC/TWN/RGE — full description on Exhibit A]

Assessor's Tax Parcel / Account No.: [____________]

After recording, return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________], Trustee
[____________________________________]

REET status: ☐ Exempt — WAC 458-61A-211(2)(g) (transfer into revocable trust). REET affidavit attached.

SPACE ABOVE THIS LINE RESERVED FOR THE COUNTY AUDITOR/RECORDER

PART II — DEED TO REVOCABLE LIVING TRUST

STATUTORY WARRANTY / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Washington

1. GRANTOR

[GRANTOR FULL LEGAL NAME], ☐ an unmarried person ☐ a married person dealing with separate property ☐ a married couple / state registered domestic partners conveying community property, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Trustee"), whose mailing address is [____________________________________].

The Trustee holds the Property in trust, to be administered and distributed under the terms of the [TRUST NAME] dated [__/__/____] (the "Trust").

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime. No consideration is paid for this transfer, and the transfer is not pursuant to a sale.

4. GRANTING CLAUSE

The Grantor, for the estate-planning purpose stated above, makes the following conveyance (select one):

☐ CONVEYS AND WARRANTS to the Grantee named above, as Trustee, the real property described below (statutory warranty deed — RCW 64.04.030); or

☐ CONVEYS AND QUITCLAIMS to the Grantee named above, as Trustee, all of the Grantor's right, title, and interest in the real property described below (quitclaim deed — RCW 64.04.050).

The real property conveyed by the selected clause (the "Property") is:

Property commonly known as: [STREET ADDRESS, CITY, WASHINGTON, ZIP]

County: [____________] County, Washington

Assessor's Tax Parcel / Account No.: [____________]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all tenements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, land-use, building, and environmental laws and regulations; and
(d) Any deed of trust, mortgage, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / PROPERTY-TAX REVIEW; TITLE INSURANCE

6.1 Estate-planning purpose. The purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property can be administered under the Trust. The Trust's terms control any right to amend, revoke, or direct a reconveyance.

6.2 Homestead / property-tax benefits. Before recording, confirm whether the change in title affects any homestead protection, senior or disabled property-tax exemption, or deferral. Notify the county Assessor and submit any claim or documentation it requires.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. TRANSFER-TAX EXEMPTION AND LOAN REVIEW

7.1 Real Estate Excise Tax — EXEMPT (WAC 458-61A-211(2)(g)). This conveyance transfers the Property into the Grantor's revocable living trust. Under WAC 458-61A-211(2)(g), "a transfer into any revocable trust" is a mere change in identity or form of ownership with no change in beneficial ownership and is exempt from the Washington Real Estate Excise Tax (RCW ch. 82.45). A later conveyance from the trustee back to the original grantor or to a beneficiary without valuable consideration is likewise exempt under WAC 458-61A-211(2)(h).

File the REET affidavit. Under WAC 458-61A-303, file a completed affidavit claiming the WAC 458-61A-211(2)(g) exemption with the county. The affidavit must identify the exemption and include the documentation required by the Department of Revenue.

7.2 Existing loan. Before recording, review any loan documents secured by the Property and determine whether the transfer affects the lender's rights or requires a notice or other step.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE / DOMESTIC PARTNER FULL LEGAL NAME], joining to convey community property (if applicable)

9. NOTARY ACKNOWLEDGMENT (Washington — RCW 64.08.060)

I certify that I know or have satisfactory evidence that [GRANTOR FULL LEGAL NAME] [and [SPOUSE / DOMESTIC PARTNER FULL LEGAL NAME]] is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: ______________, 20____.

____________________________________
Notary Public in and for the State of Washington
Residing at: ______________
My commission expires: ______________

(Affix notarial seal/stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the Auditor / Recording Division of [____________] County, Washington — the county where the Property is located (RCW ch. 65.04, 65.08).
2. REET affidavit. Submit a completed Department of Revenue Real Estate Excise Tax Affidavit with the deed, claiming the WAC 458-61A-211(2)(g) exemption (transfer into a revocable trust). Include documentation required for that exemption. See Section 7.1.
3. Document format and fees. Meet the county's first-page/margin formatting standards (3-inch top margin; cover-sheet data: document title, grantor, grantee, abbreviated legal, parcel number, return address). Pay the per-page recording fee and any surcharges.
4. Update collateral records. After recording, (a) notify the property/casualty insurer and obtain its written instructions; (b) confirm any senior/disabled property-tax exemption with the Assessor; (c) provide the title company any recorded copy and Certification of Trust under RCW 11.98.075 it properly requests; and (d) complete recording before any later sale or refinance closing.
5. TOD alternative. A Washington transfer on death deed is a separate instrument that states the transfer will occur at death and is recorded in the property's county before the transferor dies (RCW 64.80.060). This deed transfers title to a trustee during the Grantor's life.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/plat with recording reference, or government survey (section, township, range), or metes-and-bounds. Include the Assessor's tax parcel/account number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• RCW 64.04.010 / 64.04.020 — conveyances of real property to be by deed; requisites of a deed.
• RCW 64.04.030 — statutory warranty deed ("conveys and warrants"); form and effect.
• RCW 64.04.050 — quitclaim deed ("conveys and quitclaims"); form and effect.
• RCW 64.08.060 — individual acknowledgment certificate.
• RCW 65.04.045 / 65.08.070 — recording format and county recording.
• RCW 82.45.060 / 82.45.090 — REET on sales and tax or exemption notation before recording.
• WAC 458-61A-211 — mere change in identity or form of ownership; (2)(g) transfer into any revocable trust; (2)(h) conveyance from trustee to grantor/beneficiary.
• WAC 458-61A-303 — REET affidavit required for a deed transfer; exemption claims must cite the applicable rule and include required documentation.
• RCW 11.98.075 — Certification of trust.
• Washington Department of Revenue — Real Estate Excise Tax (dor.wa.gov/taxes-rates/other-taxes/real-estate-excise-tax) and REET Affidavit forms.

This document is provided for informational purposes only and does not constitute legal advice. File the REET affidavit for this exempt deed transfer, and consult a licensed Washington attorney before executing or recording this deed.