Completing a Transfer on Death Deed (TODD) usually involves making sure your state allows it, getting the correct form, filling in your legal property details and beneficiary info, signing it in front of a notary, and recording it with your county office.
To say that probate — the court process for settling a Will — is no fun is quite an understatement. You can reduce the burden on your family by assigning direct beneficiaries to your assets, which can help avoid this court process. A Transfer on Death Deed (TODD) is a tool you can use to avoid probate on your real estate. Instead of waiting months for a court process, your home or other real estate passes directly to the person you choose.
Understanding how to do a Transfer on Death Deed and when to use one is essential for estate planning in states where it’s available. Here’s what you need to know, plus guidance on how to do a Transfer on Death Deed correctly.
A Transfer on Death Deed is a legal document that allows you to designate a beneficiary to receive your real property — like a house or land — when you die, without going through probate. Think of it as a beneficiary designation for your home, similar to how you name beneficiaries on a life insurance policy or retirement account.
When you die, the property transfers automatically to the named beneficiary. They don’t have to wait for a court process or deal with complicated legal proceedings. They simply record the death certificate and a few other documents, and ownership transfers.
A Transfer on Death Deed names a beneficiary (or multiple beneficiaries) who will inherit your real estate after your death. Unlike a traditional deed, it doesn’t transfer ownership during your lifetime. You keep full control of the property — you can sell it, mortgage it, rent it out, or even revoke the deed entirely while you’re alive.
The deed only takes effect at death. At that point, the beneficiary can claim the property by presenting the death certificate and recording the deed transfer with the county.
TODDs are not available in all states. As of 2025, approximately 30 states and the District of Columbia permit them. States that currently recognize Transfer on Death Deeds include:
States that do not allow TODDs include Florida, Georgia, Louisiana, New York, and others. If you’re in a state that doesn’t allow TODDs, a LegalShield attorney can discuss alternative strategies such as a living trust or joint tenancy with right of survivorship.
The exact requirements vary by state, but in general a valid TODD must:
Failing to record the deed before death typically makes it invalid. This is one of the most common — and costly — mistakes people make with TODDs.
A Transfer on Death Deed offers several advantages:
TODDs aren’t a perfect solution for everyone:
Here’s a general overview of the process:
That’s it — the deed takes effect at death without any additional steps required from you.
Yes. One of the key advantages of a TODD is that it’s fully revocable during your lifetime. You can revoke it by:
Simply tearing up the deed or telling your beneficiary you changed your mind does not revoke a recorded TODD. You must take formal legal steps to revoke it.
A Transfer on Death Deed can be a simple and cost-effective tool for keeping your home out of probate — but only if it’s done correctly. One missed step, like failing to record the deed, can invalidate the whole thing.
A LegalShield provider lawyer can draft a TODD that meets your state’s specific requirements, help you name appropriate beneficiaries, and make sure the deed is properly executed and recorded. Get the peace of mind that comes from knowing your estate plan is in order.
A TODD can be more efficient than a will for transferring real estate because it avoids probate. However, a will covers all your assets, not just real estate, so the two tools serve different purposes and can complement each other.
This depends on state law and whether you named a contingent (backup) beneficiary. In many cases, if the primary beneficiary dies first and no contingent is named, the property may pass through probate as part of your estate. Naming a contingent beneficiary is a smart precaution.
Yes, most states allow you to name multiple beneficiaries. The property would pass to them as co-owners (typically as tenants in common). This can create complications if the co-owners disagree about the property, so consult a lawyer before naming multiple beneficiaries.
No — creating a TODD does not affect your property taxes, homestead exemption, or other ownership rights during your lifetime. It only affects what happens after your death.
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