Deed Transferring Real Property into Living Trust - District of Columbia
DEED TRANSFERRING REAL PROPERTY INTO LIVING TRUST
District of Columbia
Before you use this deed: Confirm the trust exists, the grantor owns the property, the trustee can accept title, and the grantor is a current trust beneficiary. Confirm any mortgage, title-insurance, and tax-return requirements for this transfer.
Date of deed: [__/__/____]
Grantor: [FULL LEGAL NAME], of [ADDRESS]
Grantee: [TRUSTEE FULL LEGAL NAME], solely as Trustee of the [FULL TRUST NAME], a revocable trust dated [__/__/____], and any successor trustee in that capacity
Property address: [STREET ADDRESS, WASHINGTON, DC ZIP]
Square: [NUMBER] Suffix: [SUFFIX OR NONE] Lot: [NUMBER]
Prepared by: [NAME AND ADDRESS]
Return recorded deed to: [NAME AND ADDRESS]
1. Conveyance
Grantor states that Grantor holds the interest described in Exhibit A and intends to transfer bare legal title to Grantee as Trustee of the identified revocable trust. Grantor is a current beneficiary of that trust. No money, assumed debt, release of debt, or other consideration is exchanged for this conveyance: [CONFIRM OR REPLACE WITH ACCURATE FACTS].
Grantor grants and conveys, without an express title warranty, to Grantee in the stated trustee capacity all of Grantor's right, title, and interest in the District of Columbia real property described in Exhibit A, together with its improvements, fixtures, easements, rights, and appurtenances, to have and to hold in that capacity under the trust instrument. Grantor executes, seals, and delivers this deed with the intent to convey that interest now. D.C. Code § 42-401 governs its effect on delivery and recording.
Known mortgages, deeds of trust, leases, other encumbrances, and title exceptions: [DESCRIBE AND GIVE RECORDING REFERENCES / NONE KNOWN]. Review any agreement affected by the transfer separately.
2. Tax facts and exemption selection
The parties shall give the Recorder and the Office of Tax and Revenue an accurate return and supporting facts for each tax classification.
☐ Claim both trust-funding exemptions. Grantor conveys only bare legal title to the trustee of a revocable trust, without consideration, and Grantor is a current beneficiary. The parties claim D.C. Code § 42-1102(17) for deed recordation tax and § 47-902(12) for transfer tax.
☐ Do not claim both exemptions. Explain any consideration, non-revocable trust, different beneficiary, or other fact that requires separate tax treatment: [DETAILS]. Recordation-tax classification: [CITE AND EXPLAIN]. Transfer-tax classification: [CITE AND EXPLAIN].
Mortgage or lien balance and any debt assumption or release: [DETAILS / NONE]. The parties shall disclose those facts on the District tax return and confirm the applicable tax treatment before recording. A trust label alone does not establish either exemption.
3. Delivery and acceptance
Grantor delivers this deed to Grantee on [__/__/____]. Grantee accepts the conveyance solely in trustee capacity for the trust named above.
GRANTOR:
Signature: ______________________________ (SEAL) Date: [__/__/____]
Printed name: [GRANTOR FULL LEGAL NAME]
GRANTEE, AS TRUSTEE:
Signature: ______________________________ Date: [__/__/____]
Printed name: [TRUSTEE FULL LEGAL NAME]
4. Grantor's acknowledgment
District of Columbia, ss.:
On [__/__/____], [GRANTOR FULL LEGAL NAME] personally appeared before me, was identified by [PERSONAL KNOWLEDGE / SATISFACTORY IDENTIFICATION], and acknowledged executing this deed for its stated purpose.
Notary signature: ______________________________
Printed name: [NOTARY NAME] Commission expires: [__/__/____]
[NOTARIAL SEAL]
5. Recording details
The transferee shall submit the acknowledged deed, identifying its lot and square, to the District of Columbia Recorder of Deeds within 30 days after execution under D.C. Code § 47-1431(a). If day 30 falls on a Saturday, Sunday, or legal holiday, the section extends the deadline to the next day that is none of those. Submit the District tax return and supporting documents required for the exemption actually claimed. Confirm the Recorder's current filing fee and any separately required surcharge before submission.
Exhibit A — Legal description
[INSERT THE COMPLETE LEGAL DESCRIPTION FROM THE GRANTOR'S VESTING DEED OR TITLE RECORD]
Prior vesting deed instrument number and recording date: [NUMBER AND DATE]
Square: [NUMBER] Suffix: [SUFFIX OR NONE] Lot: [NUMBER]
About this template
- Last updated
- October 14, 2026
- Citations checked
- October 14, 2026
- Jurisdiction
- District of Columbia
- Category
- Estate Planning & Wills
Legal authority
- D.C. Code § 42-306(b) (signed and sealed deed)
- D.C. Code § 42-401 (deed effect)
- D.C. Code § 42-601 (deed form)
- D.C. Code § 42-1102(17) (conditional recordation-tax exemption)
- D.C. Code § 47-902(12) (conditional transfer-tax exemption)
- D.C. Code § 47-1431(a) (recording requirement)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 14, 2026.
D.C. Code § 42-306(b) (checked October 14, 2026): "Except as provided in subsection (c) of this section, no estate of inheritance, or for life, or for a longer term than 1 year, in any real property, corporeal or incorporeal, in the District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, in person or by power of attorney or by will."
D.C. Code § 42-401 (checked October 14, 2026): "Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as provided in §§ 42-602 and 42-306, and Chapter 12A of Title 1, and delivered to the person in whose favor the same is executed shall be held to take effect from the date of the delivery; except, that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in the property, it shall only take effect from the time of its delivery to the Recorder of Deeds for record."
D.C. Code § 42-601 (checked October 14, 2026): "The following forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the said forms."
D.C. Code § 42-1102(17) (checked October 14, 2026): "A deed by a transferor that conveys bare legal title to the trustee of a revocable trust, without consideration for the transfer, where the transferor is the beneficiary of the trust;"
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