Washington Warranty Deed Overview
In Washington, warranty deeds are recorded with the County Auditor in the county where the property is located. Unlike some states that use a separate recorder or register of deeds, Washington routes all real property recordings through the county auditor. The auditor indexes each instrument by grantor and grantee name and assigns a recording number. Washington is also a community property state, which creates an important additional requirement: if the conveying party is married and the property is community property, the non-titled spouse must also sign the deed.
Washington's Real Estate Excise Tax (REET) is graduated by sale price, ranging from 1.1% on the first $500,000 up to 3% on the portion exceeding $3,000,000 for residential transactions. Most counties add a local 0.25% surcharge for affordable housing on top of the state rates. A completed REET affidavit must accompany the deed at recording, and the auditor will not record the instrument without evidence of payment or a properly claimed exemption. Recording fees start around $73 for a standard deed.
$73
Recording fee
1.1%-3%
Transfer tax
Required
Notarization
0
Witnesses required
Washington Requirements
Washington's County Auditor requires deeds to meet formatting standards before acceptance. Beyond format, two things trip up Washington deed transactions more than anything else: missing REET documentation and failure to get a married grantor's spouse to sign. Both issues can prevent recording entirely or create title defects that require expensive correction after the fact.
Washington Specific Note
Washington requires a completed Real Estate Excise Tax (REET) affidavit to accompany every deed at recording. The auditor stamps the affidavit and will not record the deed without it. The graduated REET rate starts at 1.1% on the first $500,000 and reaches 3% above $3,000,000 for residential property. Most counties add a local 0.25% affordable housing surcharge. Additionally, because Washington is a community property state, both spouses must sign if conveying community property, even if only one spouse appears on the existing title.
Document Requirements
- Notarization: Must be notarized by a Washington notary public or authorized notary
- Witnesses: Washington requires 0 additional witness(es)
- Legal Description: Complete legal description as it appears on the current deed of record
- Parcel Number: Assessor's parcel number or tax ID
- Return Address: Mailing address for returning the recorded document
- Formatting: Standard formatting with adequate margins, black ink, minimum 10-point font
How to File in Washington
Filing in Washington involves preparing the document, getting it notarized, and recording it. Follow these steps for a smooth process.
Prepare the Document
Fill in the full legal names of all grantors and grantees, copy the complete legal description from the current recorded deed, include the county tax parcel number, and state how the grantee will hold title (community property, joint tenancy, tenants in common, etc.). If the grantor is married and the property is community property, the spouse must also be named as a grantor and sign
Complete the REET Affidavit
Before recording, complete Washington's Real Estate Excise Tax (REET) affidavit. Calculate the tax due based on the graduated rate: 1.1% on the first $500,000, increasing up to 3% above $3,000,000 for residential property, plus the local county surcharge (typically 0.25%). The affidavit must be submitted with the deed at recording
Get the Document Notarized
All signing parties must acknowledge the deed before a Washington notary public. Bring valid government-issued identification. Washington does not require witnesses beyond the notary. The notary's seal and certificate must appear on the deed
Record with the County Auditor
Submit the notarized deed together with the REET affidavit and payment to the County Auditor. E-recording is available in most Washington counties and is typically the fastest method. Base recording fees start around $73 for a standard deed. The auditor assigns a recording number and returns the original document to the address listed on the deed
Notify the County Assessor and Update Records
After recording, the county assessor's office will update property tax records based on the new ownership, which typically happens automatically when the deed is indexed. If the property is in a homeowners association, notify the HOA of the ownership change. Update any property insurance policies to reflect the new owner's name and insurable interest
Washington Fees & Costs
Typical costs for filing in Washington. Actual fees may vary by county.
| Fee / Tax | Amount |
|---|---|
| Recording Fee | $73 |
| Transfer Tax | 1.1%-3% |
| Notarization | $5 - $25 per signature |
| Certified Copy | $1 - $10 per page |
| Attorney Review (optional) | $150 - $500 |
Washington Tax Implications
Washington's Real Estate Excise Tax is one of the most significant transfer tax costs in the country for high-value property. The graduated structure means a $1,500,000 residential sale results in approximately $19,700 in combined state REET before adding the local affordable housing surcharge. Sellers typically bear this cost, though it is negotiable. REET also applies to transfers of controlling interests in entities that own real property, even when no deed changes hands, which catches some business buyers off guard.
Washington has no state income tax, which means there is no state-level capital gains tax on real estate profits in most circumstances. However, Washington enacted a 7% excise tax on long-term capital gains exceeding $250,000 starting in 2023. Real estate sales are specifically exempt from that capital gains tax, so most Washington property owners selling real estate only face federal capital gains tax on profitable transactions. The federal primary residence exclusion under IRC Section 121 continues to apply, sheltering up to $500,000 of gain for married couples who meet the two-year ownership and use requirements.
For gift transfers of Washington real estate, federal gift tax rules govern. The recipient takes the donor's carryover basis rather than a stepped-up basis, which matters significantly for appreciated property. Washington does impose its own estate tax with rates that can reach 20% for estates above $9,000,000, so deeds used as part of estate planning in Washington should be reviewed against both federal and state estate tax thresholds.
Sample Washington Warranty Deed
Preview of our Washington-specific template. Your document will include all fields required for recording in any Washington county.
WARRANTY DEED (GENERAL WARRANTY DEED)
STATE OF WASHINGTON
Legal Document
PARTY INFORMATION
Name: [Full Legal Name]
Address: [Washington Address]
County: [County]
PROPERTY DESCRIPTION
County: [County] State: Washington
Legal Description: [Per Recorded Plat]
Parcel No.: [APN]
Washington Warranty Deed FAQ
Common questions about filing in Washington, including requirements, fees, and tax implications.
Official Washington Resources
Official state resources for verifying requirements and finding your local recording office.
Important Considerations
Washington's community property rules are the most common source of deed complications. If either grantor was married at any point while owning the property and the property was acquired with marital funds, both spouses generally must sign the deed even if the non-signing spouse is not on the title. This applies even if the couple is now separated or if the property was only ever titled in one name. A title company will catch this issue during a title search, but a deed already recorded with this defect requires an additional corrective deed to cure.
The REET affidavit is not optional documentation that can be submitted later. Washington County Auditors will physically refuse to record the deed without the completed affidavit and either proof of tax payment or a properly claimed exemption code. If you believe your transfer qualifies for an exemption, verify the specific exemption code with the county or consult the Washington Department of Revenue's REET guidance before preparing the affidavit.
Buyers purchasing property in Seattle, Bellevue, or other King County markets should be aware that the county assessor may adjust the assessed value following the sale, which can affect property tax bills going forward. Washington's property tax system is based on annual assessed value, not on the purchase price, but a market-rate sale at a significantly higher price than the prior assessed value often prompts reassessment. Contact the King County Assessor or the applicable county assessor for information on how your purchase price may affect your future tax bills.
Washington Attorney Consideration
Washington does not require attorney supervision at real estate closings, and escrow companies handle the majority of residential transactions. For transactions involving community property complications, entity-owned property, or properties with unusual title histories, a Washington real estate attorney can identify issues before they become recording rejections or title insurance claims. Given the REET exposure on higher-value King County and Snohomish County properties, professional review is particularly worthwhile.
Related Documents
Depending on your situation, you may need additional documents alongside this one. Below are commonly related documents that are frequently used together in real estate transactions.
Important Considerations
Before proceeding with your document, there are several important factors to consider. Each real estate transaction is unique, and understanding the specific requirements and implications of your situation will help ensure a smooth and legally compliant process.
Real estate laws and regulations are subject to change, and local requirements may differ from state-level rules. It is always advisable to verify current requirements with your local recording office before submitting any documents for recording.
If your transaction involves complex circumstances such as multiple parties, commercial properties, trusts, estates, or interstate elements, consulting with a licensed real estate attorney is strongly recommended. An attorney can provide guidance specific to your situation and help you avoid potential legal issues.
Keep copies of all documents related to your real estate transaction in a safe place. Recorded documents become part of the public record, but having your own copies ensures you can reference the terms and conditions at any time. Digital copies stored securely are also recommended as a backup.
Professional Recommendation
While our templates are designed to be comprehensive and legally compliant, we recommend having your completed document reviewed by a licensed attorney before recording, especially for high-value transactions or complex situations. Many attorneys offer flat-fee document review services that provide peace of mind at a reasonable cost.
Related Documents
Depending on your situation, you may need additional documents alongside this one. Below are commonly related documents that are frequently used together in real estate transactions.
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