District of Columbia · D.C. Code §§19-604.05–15DC transfer on death deeds: the rules and what they mean for a sale

Under the District's Uniform Real Property Transfer on Death Act, an individual may transfer property to beneficiaries effective at death by a transfer on death deed (D.C. Code §19-604.05). The deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the transferor's death, and be recorded before death in the Office of the Recorder of Deeds (§19-604.09); it needs no notice, delivery, acceptance or consideration (§19-604.10). It can be revoked only by a later TOD deed, an instrument of revocation, or an inter vivos deed that expressly revokes it, acknowledged after the deed and recorded before death – not by a revocatory act on the recorded deed; a deed of joint owners is revoked only by all living joint owners (§19-604.11). During life it doesn't affect the owner's right to transfer or encumber the property (§19-604.12), so the owner can sell. At death the beneficiary – who must survive the transferor – takes subject to all conveyances, encumbrances, contracts, mortgages and liens; a surviving joint owner keeps the property; and the deed gives no covenant or warranty of title (§19-604.13). The beneficiary is liable for allowed claims against the probate estate and statutory allowances to the extent §19-601.02 provides (§19-604.15).