How to Avoid Probate in District of Columbia
The legal ways to pass property outside probate in District of Columbia: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options in D.C. include: transfer on death deeds for real estate, recorded with the Recorder of Deeds before death (D.C. Code §§ 19-604.08, 19-604.09); D.C. Code §§ 19-602.12, 19-603.01, 19-604.09, 19-1306.02, 20-351; DC DMV, Designating a Beneficiary
| Ways to avoid probate | Non-probate options in D.C. include: transfer on death deeds for real estate, recorded with the Recorder of Deeds before death (D.C. Code §§ 19-604.08, 19-604.09); multiple-party and payable-on-death accounts, which belong to the surviving party or beneficiary (D.C. Code § 19-602.12); transfer-on-death registration of securities (D.C. Code § 19-603.01 and following); a single beneficiary designated on a D.C. vehicle title through the DMV; property in a funded revocable trust (D.C. Code § 19-1306.02); and small estate administration for estates of $80,000 or less (D.C. Code § 20-351). Re-verified 2026-10-27. |
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| Small estate affidavit | D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits. The limit was raised from $40,000 to $80,000 by D.C. Law 25-302 (2025); check which limit applies to the date of death. These sections do not say whether a small estate may include real estate. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-352 |
| Transfer-on-death deed | Yes. An owner with the capacity needed to make a will may sign a transfer on death deed. It must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Office of the Recorder of Deeds before the owner dies. Re-verified 2026-10-27. |
More District of Columbia estate law
- Medical Power of Attorney in District of Columbia
- Small Estate Affidavit in District of Columbia
- Power of Attorney in District of Columbia
- Quitclaim Deeds and Transferring Property in District of Columbia
- Who Inherits If You Die Without a Will in District of Columbia
- How to Make a Valid Will in District of Columbia
- How Probate Works in District of Columbia
- Living Wills and Advance Directives in District of Columbia
- Revocable Living Trusts in District of Columbia
- Executor Duties in District of Columbia
- Letters Testamentary in District of Columbia
- Affidavit of Heirship in District of Columbia
- Transferring a Car After Someone Dies in District of Columbia
- All District of Columbia wills, probate and estate rules
FAQ
How can you avoid probate in District of Columbia?
Non-probate options in D.C. include: transfer on death deeds for real estate, recorded with the Recorder of Deeds before death (D.C. Code §§ 19-604.08, 19-604.09); multiple-party and payable-on-death accounts, which belong to the surviving party or beneficiary (D.C. Code § 19-602.12); transfer-on-death registration of securities (D.C. Code § 19-603.01 and following); a single beneficiary designated on a D.C. vehicle title through the DMV; property in a funded revocable trust (D.C. Code § 19-1306.02); and small estate administration for estates of $80,000 or less (D.C. Code § 20-351).
What is the small estate limit in District of Columbia?
D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits.
Does District of Columbia allow transfer-on-death deeds?
Yes. An owner with the capacity needed to make a will may sign a transfer on death deed. It must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Office of the Recorder of Deeds before the owner dies.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.