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The primary advantage of a transfer on death deed is to avoid the probate process. If a property owner has executed a transfer on death deed, then as soon as the property owner dies, that property passes to the person named. The beneficiary does not have to go to court.
One of the most effective ways to avoid probate is to establish a living trust. Property is transferred to the trust, and these assets are overseen by a trustee who is charged with managing the trust for the benefit of the designated beneficiaries.
The Washington transfer-on-death deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
In Washington, real property must be transferred by deed. RCW 64.04. 010. The basic requirements for a Washington deed are that it must (1) be in writing, (2) be signed by grantor, (3) be acknowledged (i.e., docHubd), and (4) contain a complete legal description of the property.
In June of 2014, our state adopted a new law allowing for transfer-on-death (TOD) deeds, known as the Washington Uniform Real Property Transfer On Death Act or Act.
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Because TOD accounts are still part of the decedents estate (although not the probate estate that the will establishes), they may be subject to income, estate, and/or inheritance tax. TOD accounts are also not out of docHub for the decedents creditors or other relatives.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
Transfer on probate or administration of an estate on death When someone dies, removing his or her name from the property deed may be necessary in order to complete the probate process and distribute his or her estate to the beneficiaries.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.

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