District of Columbia: Transfer-on-Death Deed Requirements
The short answer
Yes. The District of Columbia allows a revocable transfer-on-death deed under D.C. Code §§ 19-604.01 to 19-604.19. The owner signs and acknowledges a recordable deed—no separate witness is required—and records it with the Office of the Recorder of Deeds before death. The beneficiary must survive the owner and remains liable for unpaid estate claims under a one-year nonprobate-transfer rule.
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This is the general rule in District of Columbia. Ezel applies current District of Columbia law to your specific facts and answers with citations to the statutes.
| Governing law | D.C. Uniform Real Property Transfers on Death Act, D.C. Code §§ 19-604.01 to 19-604.19 (D.C. Law 19-230, effective Mar. 19, 2013) |
|---|---|
| TOD deed available? | Yes — a statutory revocable transfer-on-death deed for District real property (D.C. Code §§ 19-604.05 to 19-604.07) |
| How to sign it | Transferor signs and acknowledges a properly recordable deed; no separate TOD-deed witnesses required. Beneficiary does not sign and need not receive, accept, or know of it during life (D.C. Code §§ 19-604.09, 19-604.10; 42-401) |
| Recording requirement | Must be recorded before the transferor's death in the Office of the Recorder of Deeds; no fixed signing-to-recording deadline beyond record-before-death (D.C. Code § 19-604.09(c)) |
| Revoking it | Revocable until death by a recorded later inconsistent TOD deed, express revocation, or inter vivos deed that expressly revokes; revoking instrument must be acknowledged after the original and recorded before death. Physical destruction or a will is ineffective (D.C. Code §§ 19-604.06, 19-604.11) |
| Eligible property & owner | An individual may transfer an interest in District real property to 1 or more persons. A surviving joint owner's survivorship right controls; the TOD deed works if the transferor is the last surviving joint owner (D.C. Code §§ 19-604.02, 19-604.05, 19-604.13(c)-(d)) |
| Beneficiary survival & effect | Beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares without survivorship, and a lapsed share shifts proportionally to survivors. Property passes without warranty and subject to mortgages, liens, and other interests (D.C. Code § 19-604.13) |
| Creditor & Medicaid reach | During life, deed changes neither creditor rights nor public-assistance eligibility (§ 19-604.12). After death, beneficiary is liable up to value received when probate assets cannot pay allowed claims and allowances; written demand required and proceeding generally due within 1 year (§§ 19-604.15, 19-601.02). No TOD-specific Medicaid immunity |
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The District of Columbia allows transfer-on-death deeds under D.C. Code §§ 19-604.01
to 19-604.19. The deed remains revocable, gives the beneficiary no present interest, and
passes the property outside probate at death. §§ 19-604.05 to 19-604.07 authorize the
deed, make it revocable, and classify it as nontestamentary.
Requirements one by one
How to sign and record it
Under §§ 19-604.09 to 19-604.10, the deed must contain the elements of a properly
recordable lifetime deed, state that the transfer occurs at death, and be recorded before
death with the Office of the Recorder of Deeds. A District deed is executed and acknowledged
under § 42-401; the TOD Act adds no witness count. The beneficiary does not sign or
accept during the owner's life.
Revocation
Under § 19-604.11, record a later inconsistent TOD deed, an express revocation, or a
lifetime deed that expressly revokes. The revoking instrument must be acknowledged after the
original deed and recorded before death. Destroying the deed or changing a will does not meet
those requirements.
Beneficiary survival and effect
Under §§ 19-604.12 to 19-604.13, a beneficiary must survive the owner or the gift
lapses. Multiple beneficiaries take equal undivided shares without survivorship, and a lapsed
share shifts proportionally to the surviving beneficiaries. A surviving joint owner's own
survivorship right comes first.
The property passes without title warranty and subject to existing mortgages, liens,
contracts, encumbrances, and other interests.
Creditor and Medicaid reach
Under §§ 19-604.15 and 19-601.02, the beneficiary remains liable when the probate
estate cannot pay allowed claims or statutory allowances. Liability is capped at the value
received, the personal representative ordinarily must receive a written demand, and the
proceeding generally must start within one year after death.
The TOD statute creates no Medicaid immunity. A valid Medicaid estate-recovery claim that is
allowed against the estate follows the same nonprobate-transferee route.
What trips people up
- Record before death. A signed and notarized deed that never reaches the Recorder of
Deeds has no TOD effect. - A will does not revoke the deed. Record an acknowledged revoking instrument.
- Several beneficiaries do not get automatic survivorship. The statutory rule is equal
undivided shares with no right of survivorship. - Probate avoidance is not debt avoidance. The one-year nonprobate-liability route remains.
Common questions
Does the beneficiary sign? No. The deed works without lifetime notice, delivery,
acceptance, or consideration.
Do I need witnesses? The TOD Act adds no witness requirement. The owner executes and
acknowledges the recordable deed.
Can I change beneficiaries in my will? No. Use a later TOD deed or another acknowledged
and recorded instrument allowed by § 19-604.11.
Does the beneficiary inherit the mortgage? The property remains subject to the mortgage
and all other existing liens under § 19-604.13.
Statutes and sources
- D.C. Code §§ 19-604.01 to 19-604.19 (Uniform Real Property Transfers on Death Act) — https://code.dccouncil.gov/dc/council/code/titles/19/chapters/6/subchapters/IV (accessed 2026-07-12)
- D.C. Code § 19-601.02 (nonprobate-transferee liability; cap, demand, and one-year deadline) — https://code.dccouncil.gov/us/dc/council/code/sections/19-601.02 (accessed 2026-07-12)
- D.C. Code § 42-401 (execution and acknowledgment of District deeds) — https://code.dccouncil.gov/us/dc/council/code/sections/42-401 (accessed 2026-07-12)
Source links
Every statute quoted above, linked, with the date we checked it.
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