District of Columbia transfer-on-death deed
A transfer-on-death deed lets you name who inherits your District of Columbia property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. 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
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $30 per document
- E-recording
- Approved submitters
What a transfer-on-death deed does in the District of Columbia
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In the District of Columbia the governing statute is D.C. Code § 19-604.01 et seq. The District adopted the Uniform Real Property Transfer on Death Act.
The District of Columbia law behind this deed
Start with D.C. Code § 19-604.01 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | D.C. Code § 19-604.01 et seq. |
| 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) |
When District of Columbia property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. Deedly prints each beneficiary's mailing address anyway. |
| 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 | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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 this one. You sign its Part J under oath in front of a notary; ask the Recorder of Deeds whether your beneficiaries must sign 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. 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 your beneficiaries where it isAfter your death, your beneficiaries record a confirmatory deed that cites this deed's recording information, with Form FP-7/C claiming the exemption in D.C. Code §§ 42-1102(34) and 47-902(26), a copy of your death certificate and a copy of this recorded deed.
What it costs in the District of Columbia
| Cost | Typical amount |
|---|---|
| Recording fee | $30 per document |
| Transfer tax | None when recorded |
| 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 |
No tax is due. A transfer-on-death deed passes nothing during your life, and the transfer to your beneficiaries at your death is exempt from recordation and transfer tax (D.C. Code §§ 42-1102(34), 47-902(26)). The Recorder still requires Form FP-7/C with the deed; claim those two sections as the exemption on it.
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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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. No tax is due. A transfer-on-death deed passes nothing during your life, and the transfer to your beneficiaries at your death is exempt from recordation and transfer tax (D.C. Code §§ 42-1102(34), 47-902(26)). The Recorder still requires Form FP-7/C with the deed; claim those two sections as the exemption on it. 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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. Your beneficiaries then record a confirmatory deed that cites this deed's recording information, with Form FP-7/C claiming the exemption in D.C. Code §§ 42-1102(34) and 47-902(26), a copy of your death certificate and a copy of this recorded deed. 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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.