Updated September 01, 2023
A Washington D.C. transfer on death deed is a legal instrument that allows a person to transfer ownership of their real property upon their death to a designated beneficiary. Using this deed allows the transferor and beneficiary to skip the lengthy probate process and expedite the transfer. Once recorded, it can be revoked at any time while the transferor is still alive.
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Requirements
- Notary: Required (§ 19–604.09(a))
- Witnesses: Not required
- Recording: Must be recorded before the transferor’s death in the Office of Recorder of Deeds (§ 19–604.09(c))
Legal Description
This is a required section in a transfer on death deed. A legal description of real property provides its exact location on the plat map, which divides the surveyed land in a city or county into numbered lots.
To find the legal description of real property, check the property’s deed or contact the Office of the Recorder of Deeds.
Example
“Lot 33 in Square 2132, as per plat recorded in the Office of the Surveyor for the District of Columbia in Liber 2112 at folio 9321, together with the improvements thereon and the appurtenances thereto belonging, situate in the City of Washington, District of Columbia.”
Revocation
A transfer on death deed may be revoked by using one of the following documents (§ 19–604.11):
- A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency
- An instrument of revocation that expressly revokes the deed or part of the deed
- An inter vivos deed that expressly revokes the transfer on death deed or part of the deed
The revocation must be recorded before the transferor’s death in the public records in the Office of the Recorder of Deeds.
How to Record
Once completing and acknowledging the document, the transferor should take it to the Office of the Recorder of Deeds and follow the instructions provided. In Washington D.C., the recording fee for a transfer on death deed is $25.