Transfer on Death Deed Form

Transfer on Death Deed Form

transfer on death deed (TODD) is a deed used to transfer real estate to a beneficiary grantee upon the grantor’s death. The deed has no effect on the owner’s property rights while they are still living. Should the owner wish to lease, renovate, or even sell the property, they retain the right to do so.

Last updated July 10th, 2025

transfer on death deed (TODD) is a deed used to transfer real estate to a beneficiary grantee upon the grantor’s death. The deed has no effect on the owner’s property rights while they are still living. Should the owner wish to lease, renovate, or even sell the property, they retain the right to do so.

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By State (32)

Transfer on death deeds are currently permitted in 30 states. If a TODD is not recognized in the owner’s state, they may be able to use a living trust or a lady bird deed, if accepted in their state.


Sample

Formatting standards vary by state.

Prepared By:
Name: [PREPARER NAME]
Address: [PREPARER ADDRESS]After Recording Return To:
Name: [RETURN NAME]
Address: [RETURN ADDRESS]


TRANSFER ON DEATH DEED

1. OWNER INFORMATION.

Owner Full Name: [OWNER NAME] Marital Status: [OWNER MARITAL STATUS] Address: [OWNER ADDRESS]

Owner Full Name: [OWNER NAME] Marital Status: [OWNER MARITAL STATUS] Address: [OWNER ADDRESS]

Legal Description of Property: [ENTER PROPERTY’S LEGAL DESCRIPTION]

2. BENEFICIARY. I designate the following beneficiary if the beneficiary survives me.

Full Name: [BENEFICIARY NAME] Marital Status: [MARITAL STATUS] Address: [BENEFICIARY ADDRESS]

3. TRANSFER ON DEATH. At my death, I transfer my interest in the described property to the beneficiaries as designated above. Before my death, I have the right to revoke this deed.

4. SIGNATURES.

Owner Signature: _____________________ Date: [MM/DD/YYYY] Printed Name: [OWNER NAME]

5. WITNESSES (IF REQUIRED).

Witness Signature: _____________________ Date: [MM/DD/YYYY] Printed Name: [WITNESS NAME]

Witness Signature: _____________________ Date: [MM/DD/YYYY] Printed Name: [WITNESS NAME]

6. NOTARY ACKNOWLEDGMENT.

STATE OF [STATE]
COUNTY OF [COUNTY]

I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that [OWNER(S)] whose names are signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, executed the same voluntarily on the day the same bears date.

Given under my hand this [MM/DD/YYYY]

____________________________________
Notary Public

My Commission Expires: [MM/DD/YYYY]

Revocability of TODDs

A transfer on death deed can be revoked anytime before the owner’s death. This can be done by either completing a new transfer on death deed and recording it in the same manner as the first, or by completing and recording a revocation of the transfer on death deed.

TODD Pros & Cons

Pros

  • Allows the beneficiary to skip the probate process.
  • Doesn’t change the grantor’s property ownership while alive.
  • Can be revoked at any time prior to the grantor’s death.

Cons

  • Transfers any liens and mortgages to the beneficiary.
  • Jointly owned property overrides a TOD deed.

Transfer on Death Laws

This table lists the transfer on death laws as they apply to each individual state.

The table is current as of June 2025.

View State Requirements

STATE ALLOWED? STATUTE
Alabama X N/A
Alaska §§ 13.48.010 to 13.48.195
Arizona § 33-405
Arkansas § 18-12-608
California §§ 5600 to 5698
Colorado §§ 15-15-404 to 15-15-415
Connecticut X N/A
Delaware X N/A
Florida X N/A
Georgia §§ 44-17-2, 44-17-3
Hawaii §§ 527-1 to 527-17
Idaho X N/A
Illinois §§ 755 ILCS 27/1 to 27/100
Indiana § 32-17-14-11
Iowa X N/A
Kansas Ch. 59, Art.35
Kentucky X N/A
Louisiana X N/A
Maine §§ 6-401 to 6-421
Maryland X N/A
Massachusetts X N/A
Michigan X N/A
Minnesota § 507.071, Chapter 38, Article 3, Section 74
Mississippi §§ 91-27-1 to 91-27-37
Missouri Title 31, Ch. 461
Montana §§ 72-6-401 to 72-6-418
Nebraska §§ 76-3401 to 76-3423
Nevada §§ 111.655 to 111.699
New Hampshire Chapter 563-D
New Jersey X N/A
New Mexico §§ 45-6-401 to 45-6-417
New York N.Y. Real Prop. Law § 424
North Carolina X N/A
North Dakota §§ 30.1-32.1-01 to 30.1-32.1-14
Ohio §§ 5302.22, 5302.23
Oklahoma 58 §§ 1252, 1253
Oregon §§ 93.948 to 93.985
Pennsylvania X N/A
Rhode Island X N/A
South Carolina X N/A
South Dakota §§ 29A-6-401 to 29A-6-435
Tennessee X N/A
Texas §§ 114.001 to 114.106
Utah §§ 75-6-401 to 75-6-419
Vermont X N/A
Virginia §§ 64.2-621 to 64.2-638
Washington §§ 64.80.010 to 64.80.904
West Virginia §§ 36-12-1 to 36-12-17
Wisconsin § 705.15
Wyoming §§ 2-18-101 to 2-18-105