A transfer-on-death (TOD) deed passes real estate to a named beneficiary when the owner dies, usually outside probate. TOD deeds are available only in some states, and the state-specific forms listed below show where FormsPal covers one. You can create a free transfer on death deed form online or download it as a PDF, and other deed forms cover other transfers.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
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A transfer-on-death deed conveys ownership of real estate to a named beneficiary after the owner dies. The owner keeps full ownership during life, and the beneficiary takes nothing until the owner's death.
Other names: TOD deed and, in some states, beneficiary deed. The name varies by state, so search for the one your state uses.
The deed works like other deeds that change the title, but it takes effect only at the owner's death:
Some states also require the beneficiary to outlive the owner by a short period. Some states have no TOD deed law at all, and the state-specific forms above show where FormsPal covers one. Some states use a similar tool, the enhanced life estate (lady bird) deed.
The main benefit of a transfer-on-death deed is that the property usually passes to the beneficiary outside probate, the court process associated with last wills. The owner keeps control during life, and the beneficiary receives the property without a probate case for it.
Probate confirms a will, reviews the deceased person's assets, identifies heirs and carries out the will. It can also apply when someone dies without a will, and it can be slow and costly. Some states offer simpler procedures for small estates.
Whether creditors or a state's Medicaid estate recovery can reach the property after the owner's death depends on the state, so ask before relying on a TOD deed for that. Requirements also vary by state, so check your state's rules before you decide.
You can have both a TOD deed and a last will. A TOD deed covers only the real estate it names, and a will can cover the rest of your estate. If you must choose between them, consider these differences:
If you use both documents, keep them consistent. In several states, a will cannot revoke or override a recorded TOD deed.
To prepare a transfer-on-death deed, you choose your beneficiaries, check your state's requirements, sign the deed and record it in the county land records. Requirements differ by state, so confirm the details before you sign. Have these ready:
You can name one or several beneficiaries in the deed. Fewer beneficiaries who get along make a later sale easier and help avoid disputes. A TOD deed might not suit a minor beneficiary, and a transfer can affect an adult beneficiary's eligibility for government benefits.
Name an alternate beneficiary where your state allows it. In some states the deed fails if no named beneficiary survives the owner.
Requirements for TOD deeds differ by state, so check the official websites of your state and county or seek legal advice. Some states set out a form in their statute, and using it can be the safer choice.
The owner signs the deed, usually before a notary public, as with any deed that will be recorded. Some states also require two witnesses. Check your state's rules on witnesses and notarization before you sign.
The deed must be recorded at the public records office of the county where the property is located, before the owner's death. Some states set an earlier deadline after signing. If the property lies in more than one county, the deed is usually recorded in each county where part of it lies.
A transfer on death deed form usually includes the elements below, although local statutes differ. Check your state's rules before you sign, and compare your draft against the state's statutory form if it has one.
Yes. The owner can usually revoke a TOD deed at any time during life, in most cases without notifying the beneficiary or asking for consent. There are two ways to revoke it:
If co-owners signed one deed together, all of them may need to sign the revocation.
No, although both can avoid probate. A traditional life estate deed usually gives the remainder beneficiary an interest right away. Changing it usually needs that beneficiary's consent, and the beneficiary's creditors may be able to reach the interest.
Yes. Like a last will, a TOD deed can be contested, for example over fraud, undue influence or the owner's lack of capacity when signing. The capacity standard differs by state.
General information, not legal or tax advice.
