Affidavit of Surviving Joint Tenant Title-Clearance Requirements in District of Columbia
At a glance
| Covered survivorship title | Joint tenancy expressly declared in the creating instrument and tenancy by the entirety for spouses or domestic partners (D.C. Code §§ 19-501(1), 42-516(a), (c)) |
|---|---|
| Instrument or filing | Recorder requires newly drafted deed, Form FP-7/C, death-certificate copy, and recorded prior-deed copy; no survivor affidavit (OTR ROD FAQs) |
| Who may sign or file | No affiant; deed grantor signs/seals, all deed parties execute FP-7/C, and transferee records a deed that transfers legal title (§§ 42-306(b), 42-1103(b)(1), 47-1431(a)) |
| Required contents | No survivor-specific recital list; packet includes recorded prior deed, and a legal-title-transfer deed must include the property's lot and square number (§ 47-1431(a)) |
| Death evidence | Copy of death certificate; Recorder's FAQ does not say certified, original, attached, or separately recorded |
| Execution formalities | Deed signed and sealed by grantor and fully acknowledged; no survivor oath, jurat, witness, perjury declaration, or personal-knowledge rule (§§ 42-306(b), 42-401, 47-1431(a)) |
| Office and deadline | D.C. Recorder of Deeds; no post-death clock, but deed transferring legal title must be recorded within 30 days after execution (§ 47-1431(a)) |
| Statewide companion filings | Form FP-7/C required with the deed; return executed by all deed parties (D.C. Code § 42-1103(b)(1); OTR ROD FAQs) |
| Recording effect | A conveying deed affects creditors, later good-faith purchasers and mortgagees without notice, and others interested only from delivery to the Recorder; FAQ gives no independent title effect to the death-certificate copy (§ 42-401) |
Requirements one by one
Use the Recorder's deed packet
The District recognizes joint tenants and tenants by the entireties as co- owners with survivorship under D.C. Code § 19-501(1). The creating instrument still controls. D.C. Code § 42-516(a) makes tenancy in common the default unless the estate is expressly declared to be a joint tenancy, and subsection (c) allows a tenancy by the entirety for spouses or domestic partners.
After one such owner dies, the Recorder of Deeds' current FAQ does not call for an affidavit. It requires four items for a surviving-tenant title transfer: a newly drafted deed, Form FP-7/C, a copy of the death certificate, and a recorded copy of the prior deed.
The FAQ says “copy,” not “certified copy,” and it does not require the death certificate to be attached to an affidavit or separately recorded. Nor does it list special death date/place, identity, no-severance, probate, lien, title- insurance, or requested-vesting recitals for a survivor document.
Execute and record the new deed
D.C. Code § 42-306(b) requires a deed creating or declaring the covered real- property interest to be signed and sealed by the grantor, personally or by power of attorney. Section 42-401 treats a conveying deed as executed, acknowledged, and certified. These are deed formalities; the route does not add a survivor's oath, jurat, witnesses, perjury declaration, or personal- knowledge affidavit.
If the newly drafted deed is one by which legal title is transferred, D.C. Code § 47-1431(a) requires the transferee to record a fully acknowledged copy with the D.C. Recorder of Deeds within 30 days after execution. The document must include the lot and square number. That is a deed-execution clock, not a set number of days after death.
File FP-7/C with the deed
Form FP-7/C is a required part of the Recorder's surviving-tenant packet. Section 42-1103(b)(1) provides the statutory rule behind the return: each deed must be accompanied by the Mayor's prescribed return, executed by all parties to the deed and stating the consideration and other required information.
What trips people up
Do not replace the deed with an affidavit. The current Recorder of Deeds answer specifically asks for a newly drafted deed and the prior recorded deed. A sworn title narrative is not one of the four listed items.
The agency asks for a copy, not necessarily a certified copy. A title professional may want stronger evidence for a particular transaction, but the published statewide packet says “copy of Death Certificate.”
Thirty days runs from execution, conditionally. Section 47-1431(a) applies when the new deed or other document transfers legal title. It does not impose a 30-day deadline measured from the owner's death.
Recording has a third-party effect. Under § 42-401, a conveying deed takes effect against creditors, later good-faith purchasers and mortgagees without notice, and others interested only when delivered to the Recorder. The FAQ does not give the death-certificate copy an independent vesting or conclusive- title effect.
Common questions
Must the survivor swear to an affidavit? No. The Recorder's published surviving-tenant packet uses a new deed and supporting documents, not a sworn affidavit.
What prior-title evidence is required? A recorded copy of the prior deed, in addition to the newly drafted deed.
Who signs Form FP-7/C? Section 42-1103(b)(1) requires the prescribed deed return to be executed by all parties to the deed.
Statutes and sources
- D.C. Code §§ 19-501(1), 42-516 — covered survivorship co-owners and creation of joint tenancy or tenancy by the entirety. https://code.dccouncil.gov/us/dc/council/code/sections/19-501 and https://code.dccouncil.gov/us/dc/council/code/sections/42-516 (accessed 2026-08-03).
- D.C. Code §§ 42-306, 42-401 — deed execution and effect against third parties. https://code.dccouncil.gov/us/dc/council/code/sections/42-306 and https://code.dccouncil.gov/us/dc/council/code/sections/42-401 (accessed 2026-08-03).
- D.C. Code §§ 42-1103(b)(1), 47-1431(a) — deed return, all-party execution, lot-and-square identification, Recorder of Deeds, and conditional 30-day clock. https://code.dccouncil.gov/us/dc/council/code/sections/42-1103 and https://code.dccouncil.gov/us/dc/council/code/sections/47-1431 (accessed 2026-08-03).
- D.C. Office of Tax and Revenue, Recorder of Deeds FAQs — required surviving-tenant title-transfer packet. https://otr.cfo.dc.gov/page/rod-faqs (accessed 2026-08-03).
Source links
Every statute quoted above, linked, with the date we checked it.
What does District of Columbia law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current District of Columbia law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace