District of Columbia Transfer-on-Death Deed

At a glance

How the deed works

The District of Columbia has adopted the Uniform Real Property Transfer on Death Act at D.C. Code § 19-604.01 et seq. (Title 19, Chapter 6, Subchapter IV), effective March 19, 2013 (D.C. Law 19-230). An owner may use a transfer-on-death (TOD) deed to pass District real property to one or more beneficiaries effective at death, outside probate. The deed is nontestamentary, revocable, and requires the same capacity as making a will.

The TOD deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the transferor's death, and be recorded before the transferor's death in the Office of the Recorder of Deeds (D.C. Code § 19-604.09). The beneficiary need not sign, be notified, or provide consideration, and the deed passes only the interest the owner holds at death, subject to any liens or encumbrances.

This is educational information, not legal advice. An attorney licensed in the District of Columbia or another financial professional can confirm whether a TOD deed fits a particular property and estate plan.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In District of Columbia:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: D.C. Code § 19-604.01 et seq. D.C. Code Title 19, Ch. 6, Subch. IV — Uniform Real Property Transfer on Death Act · effective March 19, 2013 (D.C. Law 19-230).

Changing or revoking the deed

A District TOD deed is revocable during the owner's life even if it says otherwise, but the District permits revocation only by a recorded instrument — revocation by physical act is not allowed (D.C. Code § 19-604.11). The owner revokes by recording, before death and in the Recorder of Deeds, a later TOD deed that revokes or changes the beneficiary, an express revocation, or a deed conveying the property elsewhere. The District provides optional statutory forms for both the deed and the revocation.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed passes the property subject to all mortgages, deeds of trust, judgment liens, and other encumbrances existing at the transferor's death — the statute's optional form expressly notes the transfer is subject to encumbrances at death. The beneficiary takes title burdened by those obligations, and secured creditors keep their claims against the property.

Medicaid estate recovery

A TOD deed does not automatically avoid Medicaid estate recovery. Whether the District can recover against property that passes outside probate depends on how it defines the recoverable estate, so an owner or beneficiary connected to Medicaid long-term-care benefits should confirm the current recovery rules with the DC Department of Health Care Finance before relying on the deed.

Community property

District of Columbia is a common-law (separate-property) state. The District of Columbia is a common-law (separate-property) jurisdiction, not a community-property one. Spouses own property by title, and a married owner's TOD deed conveys only that owner's interest. Property held by spouses as tenants by the entirety, or in joint tenancy with survivorship, passes to the survivor by operation of law, which generally takes priority over a TOD designation.

State-specific quirks

Where to read next

• District of Columbia estate & inheritance tax — whether District of Columbia taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for District of Columbia, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology