Transfer on Death Deeds in DC: An Estate Planning Tool

When planning for the transfer of real estate after death, most people assume that a will or trust is the only way to ensure property passes smoothly to the right individuals. However, in Washington, D.C., property owners have an additional, highly effective option: the Transfer on Death Deed, also called a TOD Deed. This simple yet powerful tool allows homeowners to transfer property directly to beneficiaries upon death without probate.

At Gentile Property Law Office, LLC, we prepare and record these instruments regularly and help clients determine how they fit into a complete, practical estate plan.

What Is a Transfer on Death Deed?

A Transfer on Death Deed is a statutory legal document that allows a property owner to name beneficiaries who will inherit real estate automatically at the owner’s death. Importantly, beneficiaries have no rights to the property during the owner’s lifetime. The owner retains full control and can revoke the deed, sell the property, or refinance at any time.

For those who wish to read the law directly, D.C.’s TOD statute appears in the Uniform Real Property Transfer on Death Act, codified here in the D.C. Code: Uniform Real Property Transfer on Death Act – D.C. Code. The TOD Deed only becomes effective at death, automatically transferring ownership to the named beneficiaries.

What Does a Transfer on Death Deed Do?

A properly executed and recorded TOD Deed accomplishes several key objectives:

1. Avoids Probate

This is the primary reason D.C. property owners use TOD Deeds. Probate can be slow, expensive, and document-heavy. A TOD Deed allows the property to bypass probate completely.

For reference, the D.C. Courts provide a general overview of probate here: D.C. Probate Information. With a TOD Deed in place, beneficiaries typically only need to record a death certificate and affidavit to complete the transfer.

2. Preserves Full Control for the Owner

Since the deed does not transfer any present ownership, the owner may revoke it, change beneficiaries, sell the property, or refinance—without needing the beneficiary’s permission.

3. Provides Clarity and Efficiency

There is no need for court approval or waiting periods. The transfer is automatic and predictable.

4. Integrates Easily With Broader Estate Plans

While a TOD Deed can stand on its own, it often functions best when paired with a will, trust, powers of attorney, or broader legacy strategies.

How Transfer on Death Deeds Fit Into a Comprehensive Estate Plan

For many D.C. residents, real property represents the single largest asset they own. Ensuring that the property transfers easily after death can significantly reduce the burden on loved ones.

1. Simplifying the Transfer of the Home

A TOD Deed ensures that the home avoids probate and immediately becomes accessible to the intended beneficiaries.

2. Complementing Wills and Trusts

Even with a TOD Deed, property owners still need a will to handle all remaining assets. For clients with revocable living trusts, TOD Deeds can direct the property into the trust at death, offering maximum flexibility.

3. Beneficial for Blended Families

TOD Deeds offer clarity and prevent disputes by specifying exactly who receives the property.

What Happens After Death?

Once the owner passes away, the beneficiary records:

• A deed transferring the property to the named beneficiary in the TOD Deed;

• Any required D.C. Recorder of Deeds forms.

There is no probate requirement for the property.

More information on document recording can be found here: D.C. Recorder of Deed.

Gentile Property Law Office, LLC: Experienced in TOD Deed Preparation

Transfer on Death Deeds must comply strictly with D.C. law. Incorrect legal descriptions, notary blocks, or statutory language can render a deed void or unrecordable.

At Gentile Property Law Office, LLC, we:

• Prepare customized TOD Deeds tailored to your goals;

• Verify vesting, legal descriptions, and prior chain of title;

• Ensure correct statutory language and formatting;

• Coordinate proper execution and notarization;

• Handle fast and secure electronic recording through Simplifile;

• Provide guidance for beneficiaries on post-death documentation,

With more than two decades of experience in D.C. real estate and estate planning, our office ensures accuracy and seamless service from start to finish.

If you’re considering a Transfer on Death Deed or want to integrate one into a broader estate plan, we’re here to help. Contact us today: Gentile Property Law Office – Contact Page.