A house or land without probate in the District of Columbia
A D.C. owner can transfer real property to beneficiaries at death with a transfer on death deed. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Recorder of Deeds before the owner dies.
Checked against official sources: October 30, 2026.
Transfer-on-death (TOD) and payable-on-death (POD) in the District of Columbia
- Real estate (TOD deed)
Yes · Transfer on death deed (Uniform Real Property Transfer on Death Act)
A D.C. owner can transfer real property to beneficiaries at death with a transfer on death deed. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Recorder of Deeds before the owner dies. It needs no notice to, delivery to or acceptance by the beneficiary and no payment, and it can be revoked.
Law: D.C. Code secs. 19-604.01 et seq. (D.C. Law 19-230)
Source: Official page
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Real estate in the District of Columbia | Counts | D.C. real estate in the person's name counts toward the small estate limit. (Real estate means the affidavit procedure cannot be used.) Real estate with a recorded transfer-on-death deed passes to the beneficiary. Law: D.C. Code 20-105, 20-351, 20-361(a)(1) |
Main home (primary residence) | Counts | The person's home counts if it was in their name alone and has no transfer-on-death deed. Law: D.C. Code 20-105, 20-351 |
Surviving spouse in the District of Columbia
The surviving spouse or domestic partner has top priority (with children, if there is no will) to be personal representative of a small estate. In an estate, D.C. law gives a surviving spouse or domestic partner a homestead allowance of $30,000 and exempt property up to $20,000 (household furniture, automobiles, furnishings, appliances and personal effects, above any security interests), and the spouse or partner and dependent children a reasonable family allowance, which the personal representative may pay in a lump sum of up to $30,000. These amounts were raised by D.C. Law 25-302 for deaths on or after March 21, 2025. If there is no spouse or partner, the children share the exempt property allowance unless a will leaves them nothing.
Who inherits with no will in the District of Columbia
If there is no will: the surviving spouse or domestic partner gets everything if the person left no descendants and no parents. If no descendants but a parent survives, the spouse gets three-quarters. If all descendants are also the spouse's and the spouse has no other descendants, the spouse gets two-thirds; if either has descendants from another relationship, the spouse gets one-half. The rest goes to children equally (grandchildren take a deceased child's share), then parents, then brothers and sisters and their descendants, then more distant relatives.
Law: D.C. Code secs. 19-302, 19-305 to 19-310
Source: Official page
Related pages
- Small estate affidavit in the District of Columbia
- Car title after a death in the District of Columbia
- Bank accounts after a death in the District of Columbia
- Small estate checker for the District of Columbia
- Letter to a bank in the District of Columbia
- Balance request letter for the District of Columbia
- What-to-gather checklist for the District of Columbia
- All about small estates in the District of Columbia
Free help in the District of Columbia
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- D.C. Superior Court Probate Self-Help Center (free help with forms) · 202-879-9460
- D.C. Courts: Small Estates
- D.C. Courts: Probate Division (Self-Help Center, Room 318)
- DC DMV: Vehicle acquired through death of owner
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372