District of Columbia life estate deed
A life estate deed passes your District of Columbia property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death deed, it cannot be undone once it is signed and delivered. Here is exactly what the District of Columbia requires, what it costs, and where to file it.
- Recording office
- Recorder of Deeds (Office of Tax and Revenue)
- Witnesses
- Notary only
- Transfer tax
- 1.1% or 1.45% each
- First-page margin
- 3″ top
- Recording fee
- $30 per document
- E-recording
- Approved submitters
What a life estate deed does in the District of Columbia
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
The District of Columbia law behind this deed
The District of Columbia has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | D.C. Code § 42-306 |
| Recording with the Recorder of Deeds (Office of Tax and Revenue) | D.C. Code §§ 42-407 and 47-1431, and § 42-401 (when a recorded deed takes effect) |
| Transfer tax | D.C. Code § 42-1103 (recordation tax) and § 47-903 (transfer tax) |
Less common in the District of Columbia
Life estate deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When District of Columbia property owners use a life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
What the District of Columbia requires on the deed
These are the execution rules for District of Columbia deeds and the layout Deedly uses. The Recorder of Deeds publishes no margin or font rule, only that documents be clear and legible on letter or legal paper.
| Requirement | What the District of Columbia says |
|---|---|
| Recording office | Recorder of Deeds (Office of Tax and Revenue) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Not required on the deed in DC, but it must go on Form FP-7/C, where it becomes the tax-bill address. Deedly prints it on the deed as well. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | FP-7/C Real Property Recordation and Transfer Tax Form |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. In the District, record it within 30 days of signing or pay a $250 late fee (D.C. Code §§ 47-1431, 47-1433). |
How to complete and record it in the District of Columbia
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Recorder of Deeds (Office of Tax and Revenue) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for District of Columbia deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete FP-7/C Real Property Recordation and Transfer Tax FormThe Recorder of Deeds requires it with every deed, including exempt transfers. Every grantor and every grantee signs its Part J under oath in front of a notary, so the person receiving the property signs too. Your filing packet explains which parts to fill in.
- Record it with the Recorder of Deeds (Office of Tax and Revenue)File with the Recorder of Deeds, which serves the entire District, and pay the recording fee. Record within 30 days of signing: after that the District charges a $250 late fee (D.C. Code §§ 47-1431, 47-1433). The Recorder of Deeds accepts every type of document by e-recording through three vendors: CSC/Ingeo, Simplifile and ePN. To e-record, contact one of them; otherwise record in person or by mail. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in the District of Columbia
| Cost | Typical amount |
|---|---|
| Recording fee | $30 per document |
| Transfer tax | Recordation tax and transfer tax: 1.1% or 1.45% each, meaning 1.1% each when a residential property sells for less than $400,000, and 1.45% each on the whole price at $400,000 or more and on all non-residential property |
| Notary | A District of Columbia notary may charge up to $5 per notarial act, the fee the Mayor sets by rule under D.C. Code § 1-1231.23. |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
The District of Columbia charges a recordation tax and transfer tax of 1.1% or 1.45% each, meaning 1.1% each when a residential property sells for less than $400,000, and 1.45% each on the whole price at $400,000 or more and on all non-residential property. If nothing is paid, or the price is nominal (less than 30% of the property's value, so a $10 recital counts), both taxes are figured on the current assessed value (D.C. Code §§ 42-1103(a)(1)(A), 47-903(a)(1)(B)). So a gift is taxed unless an exemption applies: a gift to a sibling, niece, nephew, friend or an unregistered partner owes both taxes. By law the seller (grantor) owes the transfer tax, and the buyer becomes liable only if the seller does not pay (§ 47-903(c)). Buyer and seller are both liable for the recordation tax (§ 42-1103(c)). A qualifying first-time DC homebuyer pays recordation tax at 0.725% (Form ROD 11; § 42-1103(e)).
Exemptions that commonly apply to a transfer like this: deeds between spouses or registered domestic partners with nothing paid (D.C. Code §§ 42-1102(7), 47-902(5)), deeds between parent and child or grandparent and grandchild with nothing paid (D.C. Code §§ 42-1102(7), 47-902(5)), deeds under a divorce decree or separation agreement (D.C. Code §§ 42-1102(26), 47-902(20)), and deeds of bare legal title into your own revocable trust with nothing paid where you are its beneficiary (D.C. Code §§ 42-1102(17), 47-902(12)). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in the District of Columbia
District of Columbia deeds are recorded with the Recorder of Deeds (Office of Tax and Revenue), which serves the entire District.
The Recorder of Deeds accepts every type of document by e-recording through three vendors: CSC/Ingeo, Simplifile and ePN. To e-record, contact one of them; otherwise record in person or by mail.
Recording a deed in the District of Columbia: the office's address, fees and how to file.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.
Quirks of District of Columbia law that catch people out
- The District has a single Recorder of Deeds within the Office of Tax and Revenue. There is no county layer.
- Form FP-7/C must accompany every deed, including exempt transfers, and every grantor and every grantee signs it under oath before a notary (D.C. Code §§ 42-1103(b), 47-903(b)).
- A District deed must be signed and sealed (D.C. Code §§ 42-306(b), 42-404(b)). Deedly prints "(SEAL)" after each owner's signature line.
- Every deed must give the property's lot and square: its square, suffix and lot (SSL), and any Assessment and Taxation (A&T) lot (D.C. Code § 47-1431(a)).
- A deed that transfers ownership must be recorded within 30 days after it is signed, or the new owner pays a $250 late fee (D.C. Code §§ 47-1431, 47-1433).
- The Recorder of Deeds cannot record a deed while real property tax or other District charges on the property are owing (D.C. Code § 42-407(2)).
- DC recognizes transfer-on-death deeds under its version of the Uniform Real Property Transfer on Death Act.
- Both recordation tax and transfer tax apply to the same transaction, which effectively doubles the rate people expect.
$49, one time. Your finished deed appears in full before you pay, with the District of Columbia's witness rules, margins, and recording instructions already applied.
Common questions
No. The District of Columbia has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Recorder of Deeds (Office of Tax and Revenue). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $30 per document. The District of Columbia also charges recordation tax and transfer tax of 1.1% or 1.45% each, meaning 1.1% each when a residential property sells for less than $400,000, and 1.45% each on the whole price at $400,000 or more and on all non-residential property, though a gift is taxed on the property's assessed value unless it is between spouses, registered domestic partners, parent and child, or grandparent and grandchild (D.C. Code §§ 42-1102(7), 47-902(5)). Set by the Recorder of Deeds for the whole District: $25 per deed plus the $5 surcharge (D.C. Code § 42-1211), $30 per deed whatever its length.
No. The District of Columbia requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Recorder of Deeds (Office of Tax and Revenue), which serves the entire District, wherever you or the buyer live. The Recorder of Deeds accepts every type of document by e-recording through three vendors: CSC/Ingeo, Simplifile and ePN. To e-record, contact one of them; otherwise record in person or by mail.
No. Once a life estate deed is signed and delivered, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a transfer-on-death deed instead.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the Recorder of Deeds (Office of Tax and Revenue) so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Keep reading
- District of Columbia quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- District of Columbia general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- District of Columbia special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- District of Columbia transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for the District of ColumbiaRecording offices, transfer tax, witness rules, and fees.
- District of Columbia recording officeWhere to file, with fees and contact details.
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.