Transfer on Death Deed: How to Pass Real Estate Without Probate

For homeowners who want to pass real estate to their heirs without the cost and delay of probate, a transfer on death deed is one of the simplest and most effective tools available — in the states that allow it. Here's how it works.

What a Transfer on Death Deed Does

A TOD deed works like the beneficiary designation on a bank account or retirement account — except it applies to real estate. You name who gets the property when you die. During your lifetime, nothing changes. At your death, the beneficiary records the death certificate and takes title — no probate, no court, no waiting.

Key features:

Revocable at any time. You can change or revoke a TOD deed at any time, as long as you're alive and have legal capacity, simply by recording a new deed.
No rights during lifetime. The beneficiary has no interest in the property while you're alive. They can't sell it, mortgage it, or exercise any control. You retain full ownership.
Not subject to beneficiary's creditors. Because the beneficiary has no present interest, the property is not at risk from the beneficiary's creditors during your lifetime.
Avoids probate entirely. The transfer happens by operation of law — no court process required.

How to Create a Transfer on Death Deed

Confirm your state allows TOD deeds. About 30 states do; about 20 don't. If your state doesn't allow them, a living trust or life estate deed may accomplish a similar goal.
Prepare the deed. The deed must meet your state's specific requirements — form, language, and required disclosures vary by state. Using an estate planning attorney or a state-approved form is recommended.
Sign before a notary. TOD deeds must be signed and notarized.
Record with the county. This is critical: a TOD deed that is not recorded before your death has no legal effect. Recording must happen during your lifetime.
Name one or more alternate beneficiaries. If your primary beneficiary predeceases you, an alternate beneficiary prevents the deed from failing.

TOD Deed vs. Other Probate-Avoidance Tools

Tool	Pros	Cons
TOD deed	Simple, cheap, revocable, no probate	Not available in all states; only covers real estate
Living trust	Covers all assets; works in all states	More complex and expensive to set up and maintain
Joint tenancy	Simple; no probate	Irrevocable; exposes property to co-owner's creditors
Life estate deed	Available in most states; no probate	Less flexible; tax implications differ

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Frequently Asked Questions

What is a transfer on death deed and how does it work?

A transfer on death (TOD) deed — also called a beneficiary deed or Revocable Transfer on Death deed — is a legal document that transfers ownership of real estate to a named beneficiary automatically at the owner's death, without going through probate. During the owner's lifetime, the deed has no effect: the owner retains full control, can sell or mortgage the property, and can revoke or change the beneficiary at any time by recording a new deed or a revocation. At the owner's death, the beneficiary simply records the death certificate and an affidavit with the county recorder to take title — no court process, no executor needed, no waiting. This can save months and thousands of dollars in probate costs. TOD deeds are not the same as putting someone on title as a joint owner — the beneficiary has no rights during the owner's lifetime and the property is not at risk from the beneficiary's creditors. The owner must create and record the TOD deed while alive and with legal capacity; a TOD deed cannot be added after death or in a will.

Which states allow transfer on death deeds?

As of 2025, approximately 30 states and the District of Columbia allow transfer on death deeds for real estate. States that allow TOD deeds include: Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Hawaii, Illinois, Indiana, Kansas, Maine, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. States that do NOT currently allow TOD deeds include Florida, Georgia, Louisiana, Massachusetts, Michigan, New York, Pennsylvania, and others. In states that don't allow TOD deeds, alternatives for probate avoidance include a living trust, joint tenancy with right of survivorship, or a life estate deed. Requirements for creating a valid TOD deed vary by state — in all states, the deed must be recorded with the county recorder or register of deeds before the owner's death; an unrecorded TOD deed has no effect.

What are the drawbacks of a transfer on death deed?

TOD deeds have limitations to be aware of: (1) Not available in all states — roughly half the states don't allow them; (2) Only covers real estate — a TOD deed doesn't address other assets; a full estate plan typically also includes a will, financial account beneficiary designations, and possibly a trust; (3) Medicaid complications — in some states, a TOD deed may not fully protect the property from Medicaid estate recovery claims after death; this is a complex area worth discussing with an elder law attorney if Medicaid planning is a concern; (4) No asset protection during lifetime — the property is still subject to the owner's creditors during life; (5) Beneficiary complications — if the beneficiary predeceases the owner and no alternate beneficiary is named, the deed fails and the property may go through probate anyway; name alternates; (6) Does not avoid estate taxes — the property is still included in the gross estate for estate tax purposes.

Transfer on Death Deed: How to Pass Real Estate Without Probate

What a Transfer on Death Deed Does

How to Create a Transfer on Death Deed

TOD Deed vs. Other Probate-Avoidance Tools

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Frequently Asked Questions

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