11 chapters · 244 sections in this title.
D.C. Code § 19-601.01 Nonprobate transfers on death
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(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual reti…
D.C. Code § 19-601.02 Liability of nonprobate transferees for creditor claims and statutory allowances
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(a) For the purposes of this section, the term “nonprobate transfer” means a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in the District to the extent that the trans…
D.C. Code § 19-602.01 Definitions
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For the purposes of this subchapter, the term: (1) “Account” means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account. (2) “Agent” means a person authorized to make acc…
D.C. Code § 19-602.02 Limitation on scope of subchapter
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This subchapter does not apply to: (1) An account established for a partnership, joint venture, or other organization for a business purpose; (2) An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or ci…
D.C. Code § 19-602.03 Types of account; existing accounts
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(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section § 19-602.12(c), either a single-party account or a multiple-party account may have a POD designation, an a…
D.C. Code § 19-602.04 Forms
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(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subchapter applicable to an account of that type: “UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM …
D.C. Code § 19-602.05 Designation of agent
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(a) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party. (b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’…
D.C. Code § 19-602.06 Applicability of subchapter
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The provisions of part B concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined …
D.C. Code § 19-602.11 Ownership during lifetime
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(a) For the purposes of this section, the term “net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a …
D.C. Code § 19-602.12 Rights at death
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(a) Except as otherwise provided in this subchapter, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If 2 or more parties survive and one is the surviving spouse or surviving domestic partner of the decedent, the amount to…
D.C. Code § 19-602.13 Alteration of rights
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(a) Rights at death under section 19-602.12 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms o…
D.C. Code § 19-602.14 Accounts and transfers nontestamentary
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A transfer resulting from the application of section 19-602.12 is effective by reason of the terms of the account involved and this subchapter and is not testamentary or subject to estate administration.
D.C. Code § 19-602.15 Community property and tenancy by the entireties
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(a) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to or domestic partners of each other arising from the express terms of the account or…
D.C. Code § 19-602.21 Authority of financial institution
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A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a m…
D.C. Code § 19-602.22 Payment on multiple-party account
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A financial institution, on request, may pay sums on deposit in a multiple-party account to: (1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when payment is requested and whether or not the party making the request surv…
D.C. Code § 19-602.23 Payment on POD designation
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A financial institution, on request, may pay sums on deposit in an account with a POD designation to: (1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when the payment is requested and whether or not a party survives ano…
D.C. Code § 19-602.24 Payment to designated agent
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A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party has a disability, is incapacitated, or deceased when the request is made or received, and whether or not the aut…
D.C. Code § 19-602.25 Payment to minor
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If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to Chapter 3 of Title 21 of the District of Columbia Code.
D.C. Code § 19-602.26 Discharge
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(a) Payment made pursuant to this subchapter in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiari…
D.C. Code § 19-602.27 Set-off
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Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the p…
D.C. Code § 19-603.01 Definitions
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For the purposes of this subchapter, the term: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2…
D.C. Code § 19-603.02 Registration in beneficiary form; sole or joint tenancy ownership
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Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in benef…
D.C. Code § 19-603.03 Registration in beneficiary form; applicable law
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A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office maki…
D.C. Code § 19-603.04 Origination of registration in beneficiary form
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A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
D.C. Code § 19-603.05 Form of registration in beneficiary form
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Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
D.C. Code § 19-603.06 Effect of registration in beneficiary form
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The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consen…
D.C. Code § 19-603.07 Ownership on death of owner
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On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the reg…
D.C. Code § 19-603.08 Protection of registering entity
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(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given…
D.C. Code § 19-603.09 Nontestamentary transfer on death
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(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this subchapter and is not testamentary. (b) This subchapter does not limit the rights of c…
D.C. Code § 19-603.10 Terms, conditions, and forms for registration
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(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests…
D.C. Code § 19-603.11 Application of subchapter
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This subchapter applies to registrations of securities in beneficiary form made before or after the effective date of this act [April 27, 2001], by decedents dying on or after the effective date of this act [April 27, 2001].
D.C. Code § 19-604.01 Short title
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This subchapter may be cited as the “Uniform Real Property Transfer on Death Act”.
D.C. Code § 19-604.02 Definitions
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For the purposes of this subchapter, the term: (1) “Beneficiary” means a person that receives property under a transfer on death deed. (2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed. (3) “Joint owner” means an individual who…
D.C. Code § 19-604.03 Applicability
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This subchapter applies to a transfer on death deed made before, on, or after the effective date of this subchapter by a transferor dying on or after the effective date of this subchapter.
D.C. Code § 19-604.04 Nonexclusivity
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This subchapter does not affect any method of transferring property otherwise permitted under the law of the District of Columbia.
D.C. Code § 19-604.05 Transfer on death deed authorized
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An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.
D.C. Code § 19-604.06 Transfer on death deed revocable
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A transfer on death deed is revocable under § 19-604.11 even if the deed or another instrument contains a contrary provision.
D.C. Code § 19-604.07 Transfer on death deed nontestamentary
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A transfer on death deed is nontestamentary.
D.C. Code § 19-604.08 Capacity of transferor
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The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
D.C. Code § 19-604.09 Requirements
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(a) Except as provided in subsection (b) of this section, a transfer on death deed shall contain the essential elements and formalities of a properly recordable inter vivos deed. (b) A transfer on death deed shall state that the transfer to the designated beneficiary is to occur …
D.C. Code § 19-604.10 Notice, delivery, acceptance, consideration not required
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A transfer on death deed is effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or (2) Consideration.
D.C. Code § 19-604.11 Revocation by instrument authorized; revocation by act not permitted
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(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is one of the following: (A) A transfer on death deed that revokes the deed or part of the deed expressly or by in…
D.C. Code § 19-604.12 Effect of transfer on death deed during transferor’s life
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During a transferor’s life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a transferee, even if the transferee has actual or con…
D.C. Code § 19-604.13 Effect of transfer on death deed at transferor’s death
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(a) Except as otherwise provided in the transfer on death deed, in this section, or in § 16-910, § 18-308, § 19-320, § 19-502, or in Chapter 1 of Title 19, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and ow…
D.C. Code § 19-604.14 Disclaimer
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A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Chapter 15 of this title.
D.C. Code § 19-604.15 Liability for creditor claims and statutory allowances
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A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor’s probate estate and statutory allowances to a surviving spouse and children to the extent provided in § 19-601.02.
D.C. Code § 19-604.16 Optional form of transfer on death deed
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The following form may be used to create a transfer on death deed. The other sections of this subchapter govern the effect of this or any other instrument used to create a transfer on death deed: (front of form) REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER You should carefull…
D.C. Code § 19-604.17 Optional form of revocation
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The following form may be used to create an instrument of revocation under this subchapter. The other sections of this subchapter govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) REVOCATION OF TRANSFER ON DEATH DEED NOTICE…
D.C. Code § 19-604.18 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
D.C. Code § 19-604.19 Relation to Electronic Signatures in Global and National Commerce Act
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This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Electronic Signatures Act”), but does not modify, limit, or supersede section 101(c) of the Electronic…