Avoid Probate While Retaining Full Control During Your Lifetime
A Transfer on Death deed automatically transfers property at death without probate. Also known as TOD deeds, beneficiary deeds, or Lady Bird deeds in some states. You retain full ownership and control during your lifetime—can sell, mortgage, or revoke anytime. Property transfers immediately to beneficiaries upon death, avoiding costly probate. Available in 30+ states with costs typically $50-500 total.
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Sample Transfer on Death Deed Form
This page is maintained by the Deeds.com Legal Research & Editorial Team.
Last reviewed: January 2026
A Transfer on Death (TOD) deed is an estate planning document that names beneficiaries to automatically inherit real property upon the owner's death, completely bypassing probate. Also called beneficiary deeds, revocable transfer on death deeds, or enhanced life estate deeds (Lady Bird deeds) in different states.
Unlike traditional life estates, TOD deeds give you complete control during your lifetime—you can sell, mortgage, or revoke without beneficiary consent.
You record a TOD deed naming beneficiaries, but nothing changes during your lifetime. You remain the full owner with all rights. Upon your death, ownership automatically transfers to named beneficiaries by operation of law, no probate required.
This makes transfer on death deeds:
Transfer on Death deeds offer a simple, affordable way to pass property outside probate—but they are not the right tool for every situation. Here is what you should weigh before recording one.
Property passes directly to beneficiaries at death by operation of law. No court involvement, no attorney fees, no months of waiting. This alone can save families $3,000–$10,000+ in probate costs.
Unlike an irrevocable trust or outright gift, a TOD deed changes nothing during your lifetime. You can sell, refinance, rent, or live in the property—no permission needed from anyone.
Changed your mind? Record a revocation or a new TOD deed. The most recently recorded document controls. No court approval or beneficiary consent required.
Total cost is typically $80–300 (deed form + recording + notary), compared to $1,000–$3,000+ for a living trust.
The transfer happens at death, not during your lifetime—no gift tax event. Beneficiaries also receive a stepped-up cost basis, reducing capital gains if they sell.
Unlike trusts, you don't retitle property or fund an instrument. Sign, notarize, and record—done in an afternoon.
About a dozen states still do not authorize TOD deeds. If your property is in one of those states, you'll need a trust, will, or other planning tool.
Because you retain ownership, creditors can still reach the property during your lifetime. A TOD deed does not shelter assets from lawsuits, judgments, or liens.
You cannot require a beneficiary to live in the home, maintain it, or meet conditions. If you need conditional transfers, a trust is the better tool.
If three children inherit a house, all three must agree on what to do with it. The TOD deed has no built-in resolution mechanism for disputes.
A TOD deed covers only the specific property named. Bank accounts, vehicles, and personal property need separate planning. A trust covers everything transferred into it.
In most states, Medicaid can recover costs from property that passed via a standard TOD deed. Lady Bird deeds in FL, TX, and MI may offer an exception—consult an elder law attorney.
TOD deeds are excellent for simple situations—a single homeowner leaving property to one or two adult children with no creditor concerns. For complex estates, multiple properties, minor beneficiaries, or Medicaid planning, a living trust or comprehensive estate plan is usually worth the extra cost.
The three most common ways to pass real property at death are a TOD deed, a living trust, and a will. Each has trade-offs. Here is how they compare on the factors that matter most.
| Feature | TOD Deed | Living Trust | Will |
|---|---|---|---|
| Avoids probate? | Yes | Yes | No |
| Cost to set up | $80–$300 | $1,000–$3,000+ | $300–$1,000 |
| Covers all assets? | One property only | Everything in trust | Everything owned |
| Revocable? | Yes | Yes (revocable type) | Yes |
| Privacy | Recorded publicly | Private | Public (through probate) |
| Conditional transfers | No | Yes | Limited |
| Minor beneficiaries | Problematic | Built-in provisions | Requires guardian |
| Multiple properties | Separate deed each | One trust covers all | One will covers all |
| Setup complexity | Simple—1 afternoon | Moderate—1-2 weeks | Simple—1-2 visits |
| Ongoing maintenance | None | Must fund & update trust | Should update periodically |
Over 30 states and the District of Columbia now allow some form of Transfer on Death deed—but the name, requirements, and specific rules vary. Here is the current state-by-state breakdown.
These states authorize a standard Transfer on Death deed or beneficiary deed that lets you name beneficiaries to inherit real property outside probate.
These states recognize Lady Bird deeds (enhanced life estate deeds), which give the owner even more control—including the right to sell, mortgage, or lease without beneficiary consent. In Florida and Texas, Lady Bird deeds may also offer Medicaid estate recovery protection.
These states do not currently authorize TOD deeds for real property. If your property is in one of these states, consider a revocable living trust, a life estate deed, or proper will planning.
State laws change. Several states have added TOD deed legislation in recent years. Always verify current availability with your county recorder or an estate planning attorney.
Protection: Avoids Probate
Speed: 1-3 days
Cost: $50-300
Best for: Most States
Protection: Enhanced Powers
Speed: 1-3 days
Cost: $100-500
Best for: FL, TX, MI
Protection: Immediate Transfer
Speed: 1-3 days
Cost: $100-400
Best for: Asset Protection
Protection: Full Control
Speed: 1-2 weeks
Cost: $1000-3000
Best for: Complex Estates
* Costs and timeframes are estimates and vary by location
Check State
Verify TOD allowed
Choose Type
TOD, Lady Bird, etc.
Name Beneficiaries
Primary & alternate
Sign & Notarize
Follow state rules
Record
File with county
Check if your state allows TOD deeds and which type:
Time: 15 minutes
Select appropriate deed type and name beneficiaries:
Time: 30 minutes
Complete state-specific deed form:
Time: 30-60 minutes
Sign according to state requirements:
Time: 30 minutes
File with county recorder before death:
Time: 1-5 days
Important follow-up steps:
$27.97
State-specific from Deeds.com
$50-200
County recorder fees
$10-25
Required for validity
TOD deeds don't avoid estate taxes or provide tax benefits. Beneficiaries receive stepped-up basis at death. Consult tax advisor for estates over $13 million (2024).
Scenario: Mary, 75, owns her home free and clear. She wants her three adult children to inherit equally without probate.
Process:
Scenario: John remarried and wants his wife to live in home for life, then pass to his children from first marriage.
Process:
Scenario: Florida couple wants to protect home from Medicaid recovery while retaining full control.
Process:
Scenario: California resident owns rental property in Arizona and wants to avoid ancillary probate.
Process:
Keeping signed TOD deed in safe deposit box instead of recording.
Solution: Must record with county before death to be valid.
Using generic form when state has specific requirements.
Solution: Always use state-specific forms with required language.
Not updating after beneficiary dies or divorce occurs.
Solution: Review and update after major life changes.
Only one joint owner signs the TOD deed.
Solution: All current owners must sign for valid transfer.
Naming minor children directly as beneficiaries.
Solution: Use trust or custodian under UTMA for minors.
Thinking TOD deeds avoid estate taxes or provide tax benefits.
Solution: Understand TOD only avoids probate, not taxes.
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Transfer on Death deeds are not available in all states and have varying requirements. This information is educational only and not legal advice. TOD deeds may not be appropriate for complex estates, minor beneficiaries, or tax planning purposes.
Consult with an estate planning attorney to determine if a TOD deed, Lady Bird deed, life estate, or trust best meets your needs. State laws change frequently—verify current availability and requirements in your jurisdiction.
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