{"id":6742,"date":"2025-08-15T07:41:29","date_gmt":"2025-08-15T11:41:29","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6742"},"modified":"2025-08-15T07:41:31","modified_gmt":"2025-08-15T11:41:31","slug":"can-co-owners-use-a-transfer-on-death-deed-for-real-estate","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/can-co-owners-use-a-transfer-on-death-deed-for-real-estate\/","title":{"rendered":"Can Co-Owners Use a Transfer on Death Deed for Real Estate?"},"content":{"rendered":"\n
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Can co-owners plan to pass a home along using the revocable transfer on death deed (TODD)<\/em>? Yes.<\/p>\n\n\n\n

If your state recognizes the TOD deed (also known simply as TODD) for real estate, there will be an official state form. Alternatively there will be a sample included in your state\u2019s law, which you can look up. The typical TODD form has fill-in fields for you and your co-owner as the transferors. Both of you will sign the deed form.<\/p>\n\n\n\n

Now, keep two major points in mind. First, your chosen recipient will not get any interest in the property until after you both <\/em>have passed away. And on a related note, a partner who signs the deed with you and survives you (or even a person who holds power of attorney<\/a> for your surviving partner) could actually revoke the TODD after you\u2019ve passed away.<\/p>\n\n\n\n\n\n\n\n

How the Transfer on Death Happens<\/h2>\n\n\n\n

Sometimes called a beneficiary deed, the TODD instrument transfers your home upon your death \u2014 much like the way a survivor designation you write on your financial accounts would. The beneficiary can be a person or an organization. Most states (but not all) and Washington, DC offer some form of TOD deed. Similar instruments are Michigan\u2019s lady bird deed<\/a> and the Ohio TOD affidavit<\/a>.<\/p>\n\n\n\n

Once recorded with the county, a TOD deed becomes a public document. The beneficiary will become the homeowner when you and your spouse or life partner have both passed away. When that occurs, counties need to see death certificates plus brief affidavits from deed beneficiaries. (Check your state and county rules.) Then, ownership will officially pass to the next deed holder.<\/p>\n\n\n\n

People choose this tool as a simple way to pass a deed along \u2014 much simpler than putting the home in a trust. And they use it to spare the next deed holder from having to deal with probate. (Note: In some cases, a property could still have to go into probate court until debts are resolved.)<\/p>\n\n\n\n

Is a TODD the simplest and best choice for every couple? Not necessarily. Consider the <\/em><\/strong>possible drawbacks of transfer on death deeds<\/em><\/strong><\/a>.<\/em><\/strong><\/em><\/strong><\/p>\n\n\n\n

Need to back out of the decision? No worries. A couple can do so either by selling the home or revoking the instrument. Some states have revocation forms available or samples included online in their state laws. A TODD can be revoked in the county that recorded the original deed.<\/p>\n\n\n\n

The Nuts and Bolts of Your Valid TOD Deed<\/h2>\n\n\n\n
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In the typical TOD deed, the transferors must fill in their names (as shown on their current deed) and mailing address. The form will also include:<\/p>\n\n\n\n