Does District of Columbia allow transfer on death deeds?

Yes. District of Columbia allows transfer on death deeds under D.C. Code 19-604.01 to 19-604.19. The deed transfers real property to a named beneficiary at death without probate.

Do I Need a Transfer on Death Deed in District of Columbia?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

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This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

Yes. District of Columbia allows transfer on death deeds. The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A transfer on death deed in District of Columbia requires notary acknowledgment. The signed deed must be recorded at the dc recorder of deeds before death to be effective. Must be recorded in the Office of the Recorder of Deeds before the transferor's death. D.C. Code 19-604.09(c). Recording fee: $25 per document (deeds are in the "all other documents" tier; the $150 tier applies only to deeds of trust and mortgages) plus a $5 surcharge per document (D.C. Code 42-1211) — $30 total, per the DC Recorder of Deeds fee schedule (otr.cfo.dc.gov, verified 2026-07-13). The deed must carry the full legal description (square, lot, subdivision), the A&T lot number if the property has one, and a clear "Return to" mailing address.

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in District of Columbia include: Recording an instrument of revocation that expressly revokes the deed (must be acknowledged after the original deed and recorded before death), Recording a subsequent TOD deed that expressly revokes or is inconsistent with the earlier deed (must be acknowledged after the original deed and recorded before death), Recording an inter vivos deed that expressly revokes the TOD deed (must be acknowledged after the original deed and recorded before death).

District of Columbia allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.

Yes. District of Columbia allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the District of Columbia probate calculator to estimate the cost of probating remaining assets.

TOD Deeds in District of Columbia

District of Columbia allows transfer on death deeds (Yes), which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in District of Columbia takes at least 6 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $40,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the District of Columbia probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from District of Columbia statutes and official state code. How we research.

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