Requirements of Deeds in Washington State
In Washington state, a grantee may use a deed to transfer the rights of their property to a grantee. Here are the Washington deed requirements.
The Washington state court allows grantors to transfer the title of a property through a warranty deed, quitclaim deed, or bargain and sale deed. In Washington, each type of deed has different covenants for the grantor which provide different securities to the grantee. There are general and type-specific requirements for Washington state deeds.
Types of Deeds in Washington
The Washington court allows grantors to use deeds to transfer property rights. The main three types of deeds in Washington state are warranty deeds, quitclaim deeds, and bargain and sale deeds.
Related: Washington Deed Requirements
Warranty Deeds
In Washington state, a warranty deed provides the following covenants:
- The property is under the grantor’s legal ownership and they have the right to convey it
- The property is free from all encumbrances
- The grantor warrants the property to the grantee and will defend their title
A Washington warranty deed guarantees ownership passes from the grantor to the grantee. The Washington court also upholds that no one may have a claim to the title, besides the grantor, prior to the grantee’s ownership.
Quitclaim Deeds
In Washington, quitclaim deeds have less security than warranty deeds. Quitclaim deeds do not provide the same guarantees a grantee may have with a warranty deed. The grantor of a quitclaim deed in Washington state does not have to uphold any covenants. A quitclaim deed may transfer the title of a property but does not guarantee the grantor owns the property or has the right to sell it.
Quitclaim deeds may be the easiest to establish, yet provide the least security. Given this, quitclaim deeds are often beneficial when transferring property between family members or people in a close relationship. Additionally, a grantor may use a quitclaim deed to express they have no interest in the property.
Related: Transfer on Death Deeds in Washington
Bargain and Sale Deeds
A Washington state bargain and sale deed may offer more security than a quitclaim deed, yet less security than a warranty deed. In some states, a bargain and sale deed may be similar to a special warranty deed. Bargain and sale deeds provide covenants relating only to the period the grantor owns the property, and may not guarantee there are no encumbrances prior to the grantor’s ownership.
Bargain and sale deeds in Washington state provide the following covenants:
- The grantor owns the property
- There are no encumbrances against the property during the grantor’s ownership
- The grantor will not interfere with the grantee’s rights to the property
While a warranty deed guarantees the grantor will defend the grantee’s rights to the property, a bargain and sale deed only guarantees a grantor will not interfere with the grantee’s property rights. Bargain and sale deeds may be beneficial for grantors who do not want to guarantee a property is free from all encumbrances, but want to guarantee the grantee’s right to the property. Additionally, banks may use bargain and sale deeds for properties undergoing foreclosure.
Requirements to File a Deed in Washington
The Washington state court has format requirements for the recording of all deeds and court documents. Additionally, the Washington court provides requirements specific to the content of each type of deed.
In Washington, all deeds must contain:
- A top margin of at least three inches
- One-inch margins on the bottom and both sides, except for documents that require a notary seal, incidental writing, a portion of a
- signature to extend beyond the margins
- The name and address of who the deed may return to in the top left corner
- The title or type of deed directly below the top margin
- Reference numbers for assignments and releases, if applicable
- The names of the grantor and grantee
- The abbreviated legal description of the property with a reference to the page number with the full legal description if necessary
- Maximum 8 12” x 14” pages
- Minimum 8-point font
The necessary language to convey property in a Washington state deed differs for each type of deed. In a warranty deed, the grantor must convey and warrant the property to the grantee. The grantor of a quitclaim deed must convey and quitclaim the property to the grantee. The grantor of a bargain and sale deed conveys, bargains, and sells the property to the grantee.
FAQs About Washington Deed Requirements
What do I do if my deed doesn’t meet the Washington recording requirements?
In some cases, the Washington state court may record documents that do not meet the requirements for a $50 non-compliance fee. If the Washington court is not able to record a deed, the grantor may need to complete the document again.
Do deeds need to be notarized in Washington State?
The Washington state court may only record a deed if the grantor’s signature is notarized. A notary public must verify the grantor’s identity, sign the document, and affix a notary’s seal to validate the deed for recording.
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