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District of Columbia Asset Transfers After Death

How common assets pass after a death in D.C.: real estate, vehicles, bank and investment accounts, and personal property, with the District's small estate routes and family allowances.

Authority follows title. Under D.C. Code § 20-105 all of a decedent's property passes to the personal representative for administration, so an asset in the decedent's name alone with no beneficiary needs a personal representative, a small estate order, or, for an estate of $40,000 or less with no real property, the small-asset affidavit. Beneficiary, survivorship and transfer-on-death assets pass outside probate, but their recipients can be made to contribute when the probate estate cannot pay allowed claims and the family allowances (§ 19-601.02).

Usually Outside Probate

These pass by contract, title or beneficiary designation, without a personal representative.

Life insurance and retirement accounts with a named beneficiary

Usually Needs Estate Authority

Assets in the decedent's name alone, with no beneficiary or survivor, pass through the Probate Division (or the small-asset affidavit when the estate qualifies).

Special Review Needed

Situations where a D.C. rule changes the usual answer.

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D.C. deeds are recorded with the Recorder of Deeds, part of the Office of Tax and Revenue, 1101 4th Street, SW, 5th Floor, Washington, DC 20024, (202) 727-5374. Recording most documents costs $25 plus a $5.00 surcharge, and every signature must be notarized.

Pro Tips

  • -Pull the recorded deed to see how title was held before choosing a route.
  • -D.C. deeds are recorded with the Recorder of Deeds, not with the Probate Division.
  • -Keep real estate available for creditor claims until the 6-month creditor period after first publication has run.

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in District of Columbia?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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