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 ownership and the right to change your mind. Here is exactly what 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% each
- First-page margin
- 3″ top
- Recording fee
- ~$31.50 first page
- E-recording
- Generally available
What a transfer-on-death deed does in District of Columbia
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) 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 on proof of death.
In 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.
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 District of Columbia requires on the deed
These are the execution and formatting rules the Recorder of Deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What District of Columbia says |
|---|---|
| Recording office | Recorder of Deeds (Office of Tax and Revenue) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| 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 | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| 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 top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| 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 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 District of Columbia's statutory language, the correct notary block, and the 3-inch first-page margin the Recorder of Deeds expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete FP-7/C Real Property Recordation and Transfer Tax FormDistrict of Columbia requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Recorder of Deeds (Office of Tax and Revenue)File in the city where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in District of Columbia
| Cost | Typical amount |
|---|---|
| Recording fee | About $31.50 for the first page |
| Transfer tax | Recordation tax and transfer tax: 1.1% each (recordation + transfer) on consideration of $400,000 or less; 1.45% each above $400,000 |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
District of Columbia charges a recordation tax and transfer tax of 1.1% each (recordation + transfer) on consideration of $400,000 or less; 1.45% each above $400,000. It is customarily paid by the negotiated.
Exemptions that commonly apply to a transfer like this: transfers between spouses or domestic partners, gifts with no consideration, and transfers to a revocable trust for the grantor's benefit. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in District of Columbia
District of Columbia deeds are recorded with the Recorder of Deeds (Office of Tax and Revenue) in the city where the property sits, not where you live. There is 1 city in District of Columbia.
Most District of Columbia recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your city's website for the list it works with.
Recording offices we cover in District of Columbia: District of Columbia. See all District of Columbia recording offices.
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 about thirty 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 the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
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.
- 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.
$69, one time. Your finished deed appears in full before you pay, with District of Columbia's witness rules, margins, and recording instructions already applied.
Common questions
No. 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 $69, versus roughly $300–$1,200 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 around $31.50 for the first page. District of Columbia also charges recordation tax and transfer tax of 1.1% each (recordation + transfer) on consideration of $400,000 or less; 1.45% each above $400,000, though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. 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) in the city where the property is located, not where you live, and not where the buyer lives. District of Columbia has 1 city. Most offices also accept e-recording through a submitting service.
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 death the property passes directly to the people you named, outside probate, once they record proof of death with the Recorder of Deeds (Office of Tax and Revenue). 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 District of ColumbiaRecording offices, transfer tax, witness rules, and fees.
- District of Columbia recording officesWhere to file in each city.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.