Transfer-on-death deeds: how they work and which states allow them
A transfer-on-death deed names who receives your home when you die, without probate and without giving up any control now. Here is how it works, its limits and the states that allow it.
Key facts
- You keep full ownership: you can live in, sell, mortgage or revoke at any time.
- The beneficiary has no rights until your death, then takes the property without probate.
- The deed only works if it is signed and recorded with the county before you die.
- More than 30 states and Washington, DC, allow them. Maryland’s law took effect on October 1, 2026.
- It covers real estate only and does nothing if you become incapacitated.
How a transfer-on-death deed works
A transfer-on-death (TOD) deed is a deed you sign now that takes effect only at your death. While you are alive, nothing changes: the property stays yours, the beneficiary cannot sell or borrow against it, and you can revoke the deed or sell the property without asking anyone.
When you die, the property passes to the beneficiary you named. The beneficiary usually records a death certificate, often with an affidavit, at the county office to complete the transfer, with no probate case for that property.
Names vary by state. Arizona and Missouri call it a beneficiary deed, Nevada a deed upon death, Ohio a transfer-on-death designation affidavit and Illinois a transfer on death instrument.
States that allow them
By our count of state laws, 34 states and Washington, DC, allow transfer-on-death deeds for real estate as of October 2026:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Maine
- Maryland
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- South Dakota
- Texas
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Recent additions: Georgia, New York and New Hampshire in 2024, Delaware in December 2025 and Maryland in October 2026.
- California’s law is set to expire on January 1, 2032, unless the legislature extends it.
- Pending: a Pennsylvania bill passed the state House in October 2026, and bills have been introduced in several other states.
- Florida and Michigan have no TOD deed law, but an enhanced life estate deed, often called a Lady Bird deed, is used there for a similar result.
Laws change, so confirm with your county recorder or an attorney before relying on this list.
How to make one
- Confirm your state allows it and find its required form or wording. Some county recorders and state court sites publish forms.
- Copy the legal description of the property exactly from your current deed.
- Name your beneficiaries, their shares, and alternates in case a beneficiary dies before you.
- Sign it before a notary, and before witnesses if your state requires them.
- Record it with the county where the property is located, before your death, and pay the recording fee. An unrecorded TOD deed generally has no effect.
- Keep it current. To change or cancel it, record a revocation or a new deed.
Is a TOD deed enough, or do you need a trust? If your home is your main asset and your family situation is simple, a TOD deed plus beneficiary designations may be all you need. The 2-minute quiz helps you decide.
Advantages and limits
Advantages
- Cheap. Often just a recording fee, plus attorney help if you want it.
- You keep control. Sell, refinance or change your mind at any time.
- No gift now. Because nothing transfers until death, you do not make a gift, and the property is treated as part of your estate at death.
- Skips probate for that property in states that allow it.
Limits
- Real estate only. Other assets need beneficiary designations, a trust or a will.
- No incapacity planning. If you can no longer manage your affairs, the deed does not help; you need a power of attorney or a trust.
- Shared ownership problems. Several beneficiaries inherit the home together and must agree on selling or keeping it.
- Debts follow the property. The mortgage stays with the home, and in some states creditors or Medicaid estate recovery can still reach property that passes this way.
- Minor beneficiaries. A child cannot manage real estate; naming one may require a guardian or custodian.
TOD deed vs living trust
| Transfer-on-death deed | Revocable living trust | |
|---|---|---|
| Avoids probate for the home | Yes, where allowed | Yes, in every state |
| Covers other assets | No | Yes, if you fund the trust |
| Plans for incapacity | No | Yes, through your successor trustee |
| Controls timing for heirs | No, they receive it outright | Yes, for example in stages |
| Typical cost | A recording fee | $149 to $649 online; $1,500 to $4,000 with an attorney |
Read more in living trusts explained and how to avoid probate.
FAQ
Does a transfer-on-death deed override my will?
In most states that allow them, yes. The recorded deed controls who receives the property, and a will generally cannot revoke it. To change it, record a revocation or a new deed.
What happens to the mortgage?
It stays with the property. The beneficiary takes the home subject to the mortgage and any liens, and will need to keep paying, refinance or sell.
Can I name more than one beneficiary?
Yes. You can usually name several beneficiaries with set shares, plus alternates. Check how your state handles a beneficiary who dies before you.
Do I need a lawyer to make a TOD deed?
Not always. Many people use their state’s form. But a wrong legal description, a missing signature requirement or failing to record the deed can make it fail, so many people have an attorney prepare or review it.
Sources
- Nolo: Transfer-on-death deeds for real estate
- American Bar Association: Uniform laws update (2025)
- California Probate Code §5600
- Texas Estates Code, chapter 114
- New York Real Property Law §424
- Ohio Revised Code §5302.22
- Georgia Code, title 44, chapter 17
- New Hampshire RSA chapter 563-D
- Delaware Code, title 25, chapter 2
- Maryland HB 738 (2026)
- Pennsylvania HB 2124
OakTrust.com provides general information, not legal advice. Deed requirements are strict and vary by state. For advice on your property, talk to an attorney licensed in the state where it is located.