Washington Warranty Deed
A Washington warranty deed guarantees clear title and defends the buyer against every claim, recorded with the county auditor. Attorney review available.
Introduction
Washington codifies a true statutory warranty deed whose operative words, convey and warrant (RCW 64.04.030), give the buyer the seller's guarantee of clear title and a promise to defend the title against all persons who may lawfully claim it. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Washington codifies a true statutory warranty deed. Under RCW 64.04.030 the operative words are convey and warrant, and a deed in that form carries three covenants: that the grantor was lawfully seized of an indefeasible estate in fee simple with full power to convey, that the property was free from all encumbrances, and that the grantor warrants quiet and peaceable possession and will defend the title against all persons who may lawfully claim it. You record the signed, notarized deed with the county auditor, the county recording officer, of the county where the property sits (RCW 65.08.070). DocDraft builds your Washington deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives a Washington buyer the strongest title protection, with the seller guaranteeing clear title and warranting quiet, peaceable possession against all lawful claims. A quitclaim deed makes no promises and passes only whatever interest the seller has.
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Washington codifies a true statutory warranty deed. Under RCW 64.04.030 the operative words are convey and warrant, and a deed in that form carries three covenants: that the grantor was lawfully seized of an indefeasible fee simple estate with power to convey, that the property was free from all encumbrances, and that the grantor warrants quiet possession and will defend the title against all persons who may lawfully claim it.
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The RCW 64.04.030 warranty deed is a general warranty deed, defending against every lawful claim including defects predating the grantor. A bargain and sale deed (RCW 64.04.040) conveys with only a limited covenant, and a quitclaim deed (RCW 64.04.050) gives no covenants at all. A special or limited warranty deed narrows the promise to claims arising during the grantor's own ownership.
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You record the signed deed with the county auditor, the recording officer of the county where the property is located (RCW 65.08.070; RCW 65.08.060(4)). Washington follows a race-notice priority rule, so an unrecorded deed is void against a later good-faith purchaser whose deed is recorded first; record promptly.
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The grantor's signature must be acknowledged before a notary before the deed can be recorded (RCW 64.04.020). Washington does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county auditor to record it.
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Washington charges a graduated real estate excise tax (REET) on sales (RCW 82.45.060), and a REET affidavit is filed with the county treasurer. The county auditor may not record the deed until the tax is paid and the verification of payment is affixed (RCW 82.45.090; WAC 458-61A-303). Local REET is added to the state rate.
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Washington is a community property state. Both spouses or registered domestic partners must join in and acknowledge any deed that sells, conveys, or encumbers community real property (RCW 26.16.030(3)), regardless of whose name is on title.
Key decisions before you file
Before you file a Warranty Deed in Washington, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Washington in about a minute, and notarize it online through DocDraft if it does.
Washington Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Washington codifies a true statutory warranty deed at RCW 64.04.030, whose operative words convey and warrant carry three covenants: that the grantor was lawfully seized of an indefeasible fee simple estate with full power to convey, that the premises are free from all encumbrances, and that the grantor warrants quiet possession and will defend the title against all persons who may lawfully claim it.
The RCW 64.04.030 warranty deed is a general warranty deed: it defends against every lawful claim, including defects predating the grantor. A special or limited warranty deed narrows the promise to claims arising during the grantor's own ownership. Washington also codifies a bargain and sale deed (RCW 64.04.040), which gives only a limited covenant, and a quitclaim deed (RCW 64.04.050), which gives none. Washington does not use a grant deed.
Record the signed, notarized deed with the county auditor, the recording officer of the county where the real property is situated (RCW 65.08.070; RCW 65.08.060(4)). Washington follows a race-notice priority rule, so an unrecorded conveyance is void against a later good-faith purchaser for value whose deed is first duly recorded. Record promptly to protect your interest.
Every deed must be in writing, signed by the grantor, and acknowledged before a notary or other officer authorized to take acknowledgments before it can be recorded (RCW 64.04.020). Washington does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path.
Washington charges a graduated real estate excise tax (REET) on the selling price of a sale (RCW 82.45.060), and local REET is added to the state rate. A REET affidavit is filed and the county auditor may not record the deed until the tax is paid and the verification of payment is affixed (RCW 82.45.090; WAC 458-61A-303). Gifts, inheritances, transfers on death, partitions, and dissolution transfers can be exempt with the proper affidavit (RCW 82.45.010(3)).
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address). Washington requires first-page indexing information (return address, document title, grantor and grantee names, an abbreviated legal description, and the parcel number), a 3-inch top margin, and 8-point or larger type, or a cover sheet must be attached (RCW 65.04.045; RCW 65.04.047). Confirm the description against the current vesting deed.
Washington is a community property state. Both spouses or registered domestic partners must join in and acknowledge any instrument that sells, conveys, or encumbers community real property (RCW 26.16.030(3)), regardless of whose name is on title. One spouse may convey their own separate property alone. Confirm how title is held before signing to avoid a defective transfer.
Choose the deed to match the protection intended. A general warranty deed (RCW 64.04.030) warrants title against all claims, including those predating the grantor, and is the standard Washington instrument for an arm's-length sale. A bargain and sale deed gives only a limited covenant, and a quitclaim gives none and is common between family members or to clear a cloud on title. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Washington codifies both forms: the warranty deed uses the words convey and warrant and carries three covenants (RCW 64.04.030), while the quitclaim deed uses convey and quitclaim and gives no covenants (RCW 64.04.050). A bargain and sale deed (RCW 64.04.040) sits in between with only a limited covenant.
Under RCW 64.04.030 a Washington warranty deed carries three covenants on the grantor's part: that at the time of delivery the grantor was lawfully seized of an indefeasible estate in fee simple with good right and full power to convey, that the premises were then free from all encumbrances, and that the grantor warrants quiet and peaceable possession and will defend the title against all persons who may lawfully claim it. Because it defends against all lawful claims, including defects predating the grantor, it is a general warranty deed.
Washington uses a warranty deed, not a grant deed. RCW 64.04.030 sets out a statutory short form in which the operative words are convey and warrant, and that form triggers the three covenants of seizin, freedom from encumbrances, and warranty and defense of title. A grant deed is the standard form in a few other states, but it is not a Washington deed. In Washington the codified choices are the general warranty deed, the bargain and sale deed (RCW 64.04.040), and the quitclaim deed (RCW 64.04.050).
You record the signed, notarized deed with the county auditor, the recording officer of the county where the property is located (RCW 65.08.070; RCW 65.08.060(4)). The grantor's signature must be acknowledged before a notary first (RCW 64.04.020), and the real estate excise tax must be paid with the verification affixed before the auditor accepts it (RCW 82.45.090). Washington follows a race-notice rule, so an unrecorded deed is void against a later purchaser who records first; record promptly.
Washington does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty deed. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Washington deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a Washington deed can be recorded, the grantor's signature has to be acknowledged before a notary or other officer authorized to take acknowledgments (RCW 64.04.020). Washington does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county auditor to record it.
Usually yes when the property is sold. Washington charges a graduated real estate excise tax (REET) on the selling price (RCW 82.45.060), and local REET is added to the state rate. A REET affidavit is filed and the county auditor may not record the deed until the tax is paid and the verification of payment affixed (RCW 82.45.090; WAC 458-61A-303). Gifts, inheritances, transfers on death, partitions, and divisions in a dissolution can be exempt with the proper affidavit (RCW 82.45.010(3)).
For community property, yes. RCW 26.16.030(3) requires both spouses or registered domestic partners to join in and acknowledge any instrument that sells, conveys, or encumbers community real property, regardless of whose name is on title. If the property is one spouse's separate property, that spouse may convey it alone. Because Washington is a community property state, confirming how title is held before you sign avoids a defective transfer.