How Do I Record a TOD Deed in the District of Columbia?
In the District of Columbia, a transfer on death deed is signed before a notaryD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source, then recorded with the county before the owner's deathD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source. In the District of Columbia, the Recorder of Deeds records it for $25 flat, regardless of page count.
No. District of Columbia does not require witnesses for a TOD deedD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source.
Yes. District of Columbia requires notarization for a TOD deed to be validD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source.
Yes. A TOD deed can be executed entirely remotely in the District of Columbia: the signing happens in a live video session with an online notary, with no witnesses in the sessionD.C. Code § 1-1231.13aVerified Sep 9, 2026View source.
To execute a TOD deed in the District of Columbia: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the DC Recorder of Deeds. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a District of Columbia TOD deed recorded in the District of Columbia county where the property sits. A TOD deed signed in another state cannot transfer District of Columbia real property, however it was executed; real estate in more than one state needs a deed for each parcel. The District of Columbia document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in the District of Columbia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form.
Last Will and Testament
In the District of Columbia, a will is signed before 2D.C. Code § 18-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitD.C. Code § 18-103Verified Oct 18, 2026View source.
Healthcare Power of Attorney
District of Columbia requires 2DC Code § 21-2207Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredDC Code § 21-2207Verified Oct 15, 2026View source.
HIPAA Release
In the District of Columbia, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information and mental health recordsD.C. Code § 7-1605 (last amended D.C. Law 24-170, § 2, eff. Sept. 21, 2022); D.C. Code § 7-1202.01; § 7-1202.02(a)(5); § 7-1201.01 (definition of "client representative")Verified Jun 20, 2026View source above the federal rule, and the document carries each rule.
Financial Power of Attorney
District of Columbia treats a power of attorney as durable by defaultD.C. Code §§ 21-2601.04, 21-2601.05, 21-2601.06, 21-2601.09, 21-2601.13, 21-2601.14, 21-2601.19, 21-2601.20, 21-2602.01, 21-2602.17, 21-2603.01, 21-2603.03Verified Oct 21, 2026View source, and it is signed before a notaryD.C. Code §§ 21-2601.04, 21-2601.05, 21-2601.06, 21-2601.09, 21-2601.13, 21-2601.14, 21-2601.19, 21-2601.20, 21-2602.01, 21-2602.17, 21-2603.01, 21-2603.03Verified Oct 21, 2026View source.
Transfer on Death Deed
In the District of Columbia, a transfer on death deed is signed before a notaryD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source, then recorded with the county before the owner's deathD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source. District of Columbia does not recognize a Lady Bird deed.
Vehicle Transfer on Death
District of Columbia allows a transfer-on-death beneficiary designation on a vehicle title18 DCMR § 402.2(b)Verified Oct 21, 2026View source, filed through the District of Columbia Department of Motor Vehicles (DC DMV) using Form DCDMV-ADD-BEN-001.
Living Will
In the District of Columbia, the living will is the DeclarationD.C. Code Title 7, Ch. 6, Subch. II (Natural Death Act of 1981, D.C. Law 4-69), §§ 7-621 to 7-630Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Pour-Over Will
In the District of Columbia, a pour-over will is signed before 2D.C. Code § 18-103Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in District of Columbia
Free tools for planning your estate in the District of Columbia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool.
Will My Estate Documents Transfer?
District of Columbia has no statute recognizing a will by the law of the place where it was signedD.C. Code §§ 18-103, 18-702Verified Oct 18, 2026View source, so a will used here is tested against its own rule: 2D.C. Code § 18-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredD.C. Code § 18-103Verified Oct 18, 2026View source.
Trust or Will: Which Costs Less?
In the District of Columbia, a will-based plan pays probate attorney fees of typically 2%Modeled estimate under D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in the District of Columbia runs $3,820Estimate: 10 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,730Estimate: 15 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in the District of Columbia runs $1,041Estimate: 3 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,082Estimate: 6 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In the District of Columbia, a parent names a guardian for a minor child in a will or a separate signed writingD.C. Code §§ 21-102, 21-103(a), 21-105 (estate, by deed or will), 21-101(b), 21-107Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18D.C. Code § 46-101; see also § 21-104Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in the District of Columbia takes 6 months to 12 months for a simple estate and charges attorney fees of typically 2%Modeled estimate under D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
How Do I Avoid Probate?
In the District of Columbia, a home with a transfer on death deedD.C. Code 19-604.01 to 19-604.19Verified Oct 17, 2026View source, a payable on death accountD.C. Code § 19-602.12(b)(2)Verified Nov 1, 2026View source, life insuranceD.C. Code § 19-601.01(a)Verified Nov 1, 2026View source with a named beneficiary and a vehicle with a transfer on death designation18 DCMR § 402.2(b)Verified Oct 21, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
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District of Columbia Estate Planning Resources
In-depth guides covering District of Columbia probate laws, trust requirements, and estate planning strategies.