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Lady Bird Deeds in the District of Columbia

Short answer: no. The District of Columbia does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.

Reviewed September 1, 2026
Create my District of Columbia transfer-on-death deed

The District of Columbia does not recognize lady bird deeds

The District of Columbia has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for the District of Columbia; the alternatives below are the reliable routes.

Why the District of Columbia does not have them

Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.

What District of Columbia property owners use instead

There are working alternatives in the District of Columbia:

Other ways to avoid probate in the District of Columbia

  • A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
  • Survivorship titling. The District of Columbia recognizes tenancy by the entirety for married couples and registered domestic partners (D.C. Code § 42-516(c)), which passes the property to the survivor automatically and protects it from the separate creditors of one of them (§ 42-516(d)).
  • Small estate procedures. The District of Columbia has simplified processes for smaller estates that can be far cheaper than full probate. The limits are set by state statute, and some do not reach real estate; the probate court clerk can tell you the current figures.
Create my District of Columbia transfer-on-death deed

$49, one time. The probate-avoidance deed the District of Columbia does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.

Common questions

The Recorder of Deeds (Office of Tax and Revenue) might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in the District of Columbia, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.

Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.

For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in the District of Columbia can tell you which fits your situation in a single consultation.

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Deedly is not a law firm

Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.