District of Columbia Deed Forms | DC Deed Laws & Requirements

This article describes the information Washington, D.C. deeds must contain, the district’s signing standards, customs for formatting, recording fees and taxes required when filing deeds, and the additional forms that must accompany a D.C. deed.

Formatting Standards for Washington, D.C. Deeds

Washington, D.C. has no specific deed formatting standards set by statute.  Deed formatting is generally consistent with the local customs described below.

• Paper Size. Washington, D.C., deeds should be printed on paper measuring 8 ½ x 11 inches (standard letter) or 8 ½ x 14 inches (legal size).
• Ink Color. D.C. law does not require a specific ink color for deeds. Deeds are nearly always printed in black ink and signatures are written in black or blue ink.
• Font Size. D.C. law sets no minimum font size. Deeds typically use 12-point font, and smaller print should be no less than 10-point font. A deed’s lettering needs to be large enough to be legible when reproduced in a photographic image.
• Margins. There is no legal standard for D.C. deeds’ margins. Most deeds’ margins are no smaller than one inch, and a two or three-inch top margin for a deed’s first page is common.
• Recorder’s Stamp. A deed should leave adequate space for the stamp added by the recorder upon filing. The D.C. recorder stamps a deed’s last page—typically at the bottom.

Content Requirements for Washington, D.C. Deeds

• Party Names. A Washington, D.C. deed must identify by name the current owner (the grantor) transferring the property and the new owner (the grantee) receiving it. See C. Code § 42-601.
• Party Addresses. A deed should include the new owner’s address. D.C. law does not strictly require the current owner’s address, but it is often included. See C. Code § 42-601.
• Property Description. A deed must include a legal description sufficient to identify the property with reasonable certainty. See C. Code § 42-601. The property description must include the transferred property’s lot number, square number, and assessment and taxation (A&T) number, if assigned by the Office of the Surveyor. D.C. Code § 47-1431(a). A property description should also include the subdivision and reference information recorded with the Office of the Surveyor, if applicable.
• Vesting Clause. A deed must have language indicating that the current owner is transferring the real estate to the new owner. A deed’s vesting language often indicates the type of deed being used and the warranty of title the current owner is offering (if any). See C. Code §§ 42-604, 42-605. D.C. law construes a deed with the word grant or the words bargain and sell in its vesting clause as passing the current owner’s entire interest unless the deed expressly limits the transferred interest or reserves an interest to the current owner. D.C. Code § 42-702.
• Form of Co-Ownership. A deed that transfers D.C. real estate to more than one new co-owner should identify the co-ownership form the new owners will use to hold the property. Washington, D.C law recognizes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety. C. Code § 42-516.
• Consideration. Washington, D.C law does not strictly require deeds to include a statement of consideration—or the amount provided in exchange for the transfer. A statement of consideration is nearly always included by custom. See D.C. Code § 42-601. A deed may state nominal consideration or—when appropriate—indicate that the new owner gave no consideration.
• Preparer’s Name. Washington, D.C. deeds customarily include a “prepared by” statement identifying the individual responsible for preparing the deed.
• Return Address. A deed must provide a “return to” address where the recorder of deeds will return the deed after recording.

Execution Requirements for Washington, D.C. Deeds

• Current Owner’s Signature. A D.C. deed must be signed by the current owner who is transferring the property. The current owner can sign personally or by power of attorney (POA). C. Code § 42-306(b). A signer’s name must be printed beneath the signature. A deed transferring co-owned real estate must be signed by both owners unless only one owner is transferring his or her interest.
• Power of Attorney. An agent signing a deed under POA must sign and acknowledge the deed as attorney in fact. C. Code § 42-101(b). A deed signed under POA must be either recorded with the POA form or reference the recording date and instrument number of a previously recorded POA form. D.C. Code § 42-101(a). A recorded POA form authorizing an agent to sign a D.C. deed must include the following statement in bold, capital letters:

THIS POWER OF ATTORNEY AUTHORIZES THE PERSON NAMED BELOW AS MY ATTORNEY-IN-FACT TO DO ONE OR MORE OF THE FOLLOWING: TO SELL, LEASE, GRANT, ENCUMBER, RELEASE, OR OTHERWISE CONVEY ANY INTEREST IN MY REAL PROPERTY AND TO EXECUTE DEEDS AND ALL OTHER INSTRUMENTS ON MY BEHALF, UNLESS THIS POWER OF ATTORNEY IS OTHERWISE LIMITED HEREIN TO SPECIFIC REAL PROPERTY.

• A deed cannot be recorded in Washington, D.C. unless acknowledged before a notary or other authorized officer. D.C. Code § 42-407(1). The notary acknowledgment form must include the notary’s name, signature, commission expiration date, and seal.

Recording Fees for Washington, D.C. Deeds

• Recording Deeds. Deeds transferring real estate located in Washington, D.C., are recorded with the district’s recorder of deeds—part of the D.C. Office of Tax and Revenue. The new owner (the deed’s grantee) must record a D.C. deed within 30 days after the deed is signed and notarized. C. Code § 47-1431.
• Recording Fees. The recorder of deeds’ filing fee to record a D.C. deed is $31.50—which includes a $25.00 base fee, plus a $6.50 surcharge. C. Code §§ 42-1210, 42-1211. The district mayor has legal authority to periodically adjust recording fees based on the recorder of deeds’ operating costs. D.C. Code § 42-1218.
• Penalty Fee for Delayed Recording.C. law assesses a penalty fee for recording a deed more than 30 days after the deed was signed and notarized. The penalty is $25.00 per month for each month filing is delayed—up to $250.00. D.C. Code § 47-1433(a).

Washington, D.C. Transfer Tax and Recordation Tax

• Transfer Tax and Recordation Tax. Washington, D.C. charges two related taxes—transfer tax and recordation tax—for recording a deed transferring title to real estate in the district. C. Code §§ 47-903(a)(1), 42-1103. A person requesting recording must pay the combined tax amount to the recorder of deeds at the time of recording.
• Transfer Tax Calculation. C.’s transfer tax and recordation tax are both based on the consideration involved in the transfer. D.C. Code §§ 47-903(a)(1), 42-1103(a)(1). “Consideration” under the statutes is the price or amount actually paid or required to be paid, including any secured loans or comparable financing. D.C. Code §§ 47-901(5), 42-1101(5). The taxes are calculated according to the property’s fair market value if the transfer involves nominal or no consideration. D.C. Code §§ 47-903(a)(1)(B), 42-1103(a)(1)(B)(iii).
• Transfer Tax Rates. The tax rates for D.C.’s transfer tax and recordation tax mirror each other. Both taxes are assessed at the following rates so that the combined tax paid is effectively double in most cases:
  • The base tax rate is 1.1% of the consideration paid for the transfer. C. Code §§ 47-903(a)(1), 42-1103(a)(1).
  • The rate is increased to 1.45% if the transferred property is nonresidential or the consideration is $400,000 or more. C. Code § 47-903(a-4), 42-1103(a-4).
  • The rate is increased to 2.5% if the consideration is $2 million or more and the property is Class 2 Property under C. Code § 47-813, 42-1103(a-5).

• Transfer Tax and Recordation Tax Exemptions. Washington, D.C. law exempts certain deeds and transfers from transfer tax and recordation. C. Code §§ 47-902(1 – 28), 42-1102(1 – 36). The exemptions for the two taxes are mostly the same—so that a deed exempt from one tax is also exempt from the other. Examples of deeds exempt from both transfer tax and recordation tax include:
  • Deeds between spouses or domestic partners, parent and child, or grandparent and grandchild without consideration;
  • Deeds to a qualifying lower income homeownership household;
  • Deeds to revocable trusts for no consideration if the transferor is the current beneficiary of the trust;
  • Deeds transferring property owned by a revocable trust to the trust’s beneficiary due to the death of the trust’s grantor;
  • Deeds transferring property from a revocable trust’s trustee if the transfer would be exempt if made directly by the trust’s grantor;
  • Deeds transferring property to a business entity in accordance with a statutory conversion;
  • Deeds from an estate’s personal representative to a distribute without additional consideration;
  • Deeds pursuant to a decree of divorce or separate maintenance or under a written instrument related to the divorce or separation; and
  • Deeds to a transfer-on-death deed’s beneficiary due to the owner’s death.
• Claiming an Exemption. To claim an exemption, the person requesting recording must present evidence to the recorder of deeds showing that the deed is exempt. The recorder of deeds’ Form ROD 4 identifies the documentation necessary to claim various exemptions.

Additional Forms Required When Recording Washington, D.C. Deeds

• Transfer Tax Return (Form FP-7/C). The current and new owners must complete and sign a Real Property Recordation and Tax Form FP-7/C. Form FP-7/C includes information about the transaction, including the consideration for the transfer. D.C. Code § 47-903(b)(1). The return must accompany the deed when filed for recording and becomes an integral part of the deed. D.C. Code § 47-903(b)(2).
• Document Intake Sheet (Form ROD 31). Form ROD 31 is a cover sheet that must be submitted to the recorder of deeds when requesting recording. The form identifies the type of document filed and any payment included with the deed.