Types of Deeds in Washington State — Understanding Property Transfers & Legal Protection

When transferring real estate in Washington State, the type of deed you use determines the legal protections, warranties, and risks involved. Whether you’re buying, selling, gifting, or transferring property into a trust or business, choosing the right deed can prevent costly disputes down the road.

At the Law Office of Theresa Nguyen, PLLC, we help homeowners, investors, and families ensure their property transfers are properly drafted, recorded, and legally sound under Washington law.

⚖️ What Is a Deed?

A deed is a legal document used to transfer ownership (title) of real estate from one party (the grantor) to another (the grantee). To be valid, a deed in Washington must:

• Be in writing and signed by the grantor

• Include a legal description of the property

• Be notarized

• Be recorded with the County Recorder or Auditor’s Office where the property is located

Each type of deed offers different levels of warranty or assurance to the new owner regarding title quality and potential defects.

🧾 1. Statutory Warranty Deed

🔹 Overview

The Statutory Warranty Deed provides the highest level of protection to the grantee. The grantor guarantees they own the property free and clear of liens, encumbrances, or title defects, except as otherwise disclosed.

🔹 Common Uses

• Traditional home sales

• Real estate transactions involving financing

• Title insurance transactions

🔹 Key Features

• Grantor warrants good, clear title

• Promises to defend against title claims

• Provides “full warranties” under RCW 64.04.030

✅ Best for: Buyers who need full assurance of title integrity.

📜 2. Quit Claim Deed

🔹 Overview

A Quit Claim Deed (often written “Quitclaim”) transfers whatever ownership interest the grantor currently has—without any warranties. The grantor doesn’t guarantee they actually own the property, only that they are giving up their interest.

🔹 Common Uses

• Family transfers (e.g., between spouses or siblings)

• Adding/removing a spouse after marriage or divorce

• Correcting title errors

• Trust or LLC transfers

🔹 Key Features

• No guarantee of ownership or clear title

• Cannot be used to clear unknown title issues

• Easier and faster to prepare

⚠️ Best for: Family or internal ownership transfers where parties already know and trust each other.

🧑‍⚖️ 3. Bargain and Sale Deed

🔹 Overview

A Bargain and Sale Deed implies the grantor owns the property but offers no protection against title issues. It’s often used in foreclosures, tax sales, or estate administration.

🔹 Common Uses

• Foreclosure sales

• Estate executor transfers

• Sheriff’s or trustee’s sales

🔹 Key Features

• Implies ownership

• No warranty against liens or encumbrances

• Typically used by institutions or government entities

⚖️ Best for: Transfers involving risk or distressed property.

🏠 4. Special Warranty Deed

🔹 Overview

A Special Warranty Deed provides limited protection—the grantor only warrants that they have not caused any title defects during their ownership period. It doesn’t cover issues that existed before they owned it.

🔹 Common Uses

• Commercial real estate sales

• Corporate or investor transfers

• Deeds from builders or developers

🔹 Key Features

• Covers defects caused only by the grantor

• Excludes prior title issues

• Common in business-to-business real estate transactions

💼 Best for: Corporate and investor transfers needing partial protection.

🌳 5. Transfer on Death Deed (TOD Deed)

🔹 Overview

A Transfer on Death Deed allows property owners to name beneficiaries who automatically receive the property upon the owner’s death—without probate.

🔹 Common Uses

• Estate planning tool to avoid probate

• Simple inheritance transfers

🔹 Key Features

• Revocable anytime before death

• Must be recorded while owner is alive

• Beneficiary receives property subject to debts and liens

🌿 Best for: Simplifying inheritance without setting up a full trust.

🪙 6. Personal Representative’s Deed

🔹 Overview

Used by an executor or personal representative to transfer property from an estate to heirs or buyers after someone’s death.

🔹 Common Uses

• Probate sales

• Distributions to heirs

🔹 Key Features

• Signed by the estate’s representative

• Often accompanies court approval

• Confirms property transfer per will or intestate succession

🏛️ Best for: Estates settling real property through probate.

🧩 7. Trustee’s Deed

🔹 Overview

Used when a trustee transfers real estate held in a trust to a beneficiary or buyer.
It conveys title on behalf of the trust, often with limited or no warranties.

🔹 Common Uses

• Trust distributions

• Property held in a revocable living trust

🔹 Key Features

• Title transferred per trust terms

• Typically no personal warranty from trustee

🕊️ Best for: Estate planning and family trusts.

🪪 Recording and Legal Requirements

To finalize the transfer, the deed must be notarized and recorded at the County Auditor or Recorder’s Office (e.g., King County, Snohomish County, or Pierce County).
Recording fees typically range from $303.50–$304.50 per document, as of 2025.
Transfers may also require:

• Real Estate Excise Tax Affidavit (REET) filing

• Tax exemption codes (e.g., for gifts, divorce, or inheritance)

• Supplemental statements 

💡 Pro tip: Incorrect or incomplete recording can invalidate your transfer or delay county updates.

🧭 How the Law Office of Theresa Nguyen, PLLC Can Help

Our firm assists clients with every stage of property transfer, including:

• Drafting deeds that fit your goals and exemptions

• Preparing and filing REET affidavits correctly

• Handling gift, trust, or divorce-related transfers

• Ensuring county compliance for recording and taxation

We’ve guided hundreds of clients through Washington real estate transfers—helping families protect their property rights and minimize taxes.

📍 Based in Renton, WA — serving all Washington counties with fully remote options.
📞 Schedule a consultation today to ensure your deed is prepared correctly and legally protected.