Washington Code 64.80.080 – Revocation, when authorized or prohibited
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(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
Terms Used In Washington Code 64.80.080
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or
(iii) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(b) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the public records in the office of the county auditor of the county where the deed is recorded.
(2) If a transfer on death deed is made by more than one transferor:
(a) Revocation by a transferor does not affect the deed as to the interest of another transferor;
(b) A deed of joint owners is revoked only if it is revoked by all of the joint owners living at the time that the revocation is recorded; and
(c) A deed of community property by both spouses or by both domestic partners is revoked only if it is revoked by both of the spouses or domestic partners, provided that if only one of the spouses or domestic partners is then surviving, that spouse or domestic partner may revoke the deed.
(3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(4) This section does not limit the effect of an inter vivos transfer of the property.
[ 2014 c 58 § 11.]