Transfer on Death Deed Forms & Complete Guide

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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Used by 75,000+ customers to transfer property safely and legally

Sample Transfer on Death Deed Form

Select Your State

Alaska Transfer on Death Deed Form Alaska Transfer on Death Revocation Form

Arizona Beneficiary Deed Form Arizona Revocation of Beneficiary Deed Form Arizona Affidavit of Death Form

Arkansas Beneficiary Deed Form Arkansas Beneficiary Deed Revocation Form

California Transfer on Death Deed Form California Transfer on Death Revocation Form California Transfer on Death Affidavit Form California Grant Deed for Life Estate Form

Colorado Beneficiary Deed Form Colorado Beneficiary Deed Revocation Form Colorado Affidavit of Deceased Grantor Form

District Of Columbia Transfer on Death Deed Form District Of Columbia Transfer on Death Revocation Form

Florida Enhanced Life Estate Deed Quitclaim Ladybird Deed Form Florida Enhanced Life Estate Deed Ladybird Warranty Deed Form

Georgia Transfer on Death Deed Form Georgia Revocation of Transfer on Death Deed Form

Hawaii Transfer on Death Deed Form Hawaii Transfer on Death Revocation Form

Illinois Transfer on Death Instrument Form Illinois Transfer on Death Revocation Form

Indiana Transfer on Death Deed Form Indiana Transfer on Death Deed Revocation Form Indiana Transfer on Death Deed Beneficiary Affidavit Form

Kansas Transfer on Death Deed Form Kansas Transfer on Death Deed Revocation Form Kansas Transfer on Death Affidavit Form

Maine Transfer of Death Deed Form Maine Transfer on Death Deed Revocation Form

Michigan Warranty Deed with Enhanced Life Estate Form

Minnesota Transfer on Death Deed Form Minnesota Transfer on Death Revocation Form Minnesota Affidavit of Identity and Survivorship for Transfer on Death Deeds Form Minnesota Transfer on Death Deed by Married Joint Tenants Form Minnesota Transfer on Death Deed by Married Sole Owner Form Minnesota Transfer on Death Deed by Unmarried Owner Form

Mississippi Revocable Transfer on Death Deed Form Mississippi Revocation of Transfer on Death Deed Form

Missouri Beneficiary Deed Form Missouri Revocation of Beneficiary Deed Form Missouri Affidavit as to Death of Grantor Form

Montana Beneficiary Deed Form Montana Beneficiary Deed Revocation Form Montana Beneficiary Deed Affidavit of Death Form

Nebraska Transfer on Death Deed Form Nebraska Transfer on Death Revocation Form

Nevada Transfer on Death Deed Form Nevada Transfer on Death Revocation Form Nevada Transfer on Death Affidavit Form

New Mexico Transfer on Death Deed Form New Mexico Transfer on Death Revocation Form New Mexico Affidavit of Facts as to Death Form

New York Transfer on Death Deed Form New York Revocation of Transfer on Death Deed Form

North Dakota Transfer of Death Deed Form North Dakota Transfer on Death Deed Revocation Form North Dakota Transfer on Death Affidavit Form

Ohio Transfer on Death Designation Affidavit Form Ohio Affidavit of Confirmation Form

Oklahoma Transfer on Death Deed Form Oklahoma Transfer on Death Revocation Form Oklahoma Transfer on Death Affidavit of Acceptance Form

Oregon Transfer on Death Deed Form Oregon Transfer on Death Revocation Form Oregon Transfer on Death Affidavit of Survivorship Form

South Dakota Transfer on Death Deed Form South Dakota Transfer on Death Revocation Form South Dakota Transfer on Death Affidavit Form

Texas Transfer on Death Deed Form Texas Transfer on Death Revocation Form Texas Enhanced Life Estate Deed Form

Utah Transfer on Death Deed Form

Vermont Enhanced Life Estate Warranty Deed Form

Virginia Transfer on Death Deed Form Virginia Transfer on Death Revocation Form Virginia Transfer on Death Beneficiary Affidavit Form

Washington Transfer on Death Deed Form Washington Transfer on Death Revocation Form Washington Transfer on Death Affidavit Form

West Virginia Transfer on Death Deed Form West Virginia Transfer on Death Revocation Form

Wisconsin Transfer on Death Deed Form Wisconsin Transfer on Death to Beneficiary Form

Wyoming Transfer on Death Deed Form Wyoming Transfer on Death Revocation Form Wyoming Transfer on Death Affidavit Form

What is a Transfer on Death Deed?

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.

Key Point

Unlike traditional life estates, TOD deeds give you complete control during your lifetime—you can sell, mortgage, or revoke without beneficiary consent.

How Transfer on Death Deeds Work

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:

Avoids probate - Property transfers immediately at death
Fully revocable - Change or cancel anytime during life
No beneficiary rights - Until your death, they have no claim
State-specific - Not available in all states

The Transfer on Death Deed Process

Check State

Verify TOD allowed

Choose Type

TOD, Lady Bird, etc.

Name Beneficiaries

Primary & alternate

Sign & Notarize

Follow state rules

✓

Record

File with county

When to Use a Transfer on Death Deed

Good Uses

Avoid probate - Save time and money
Simple estates - Straightforward beneficiaries
Backup planning - If trust not needed
Retain control - Full ownership for life
Medicaid planning - Lady Bird deeds in some states
Second homes - Out-of-state property
Adult children - Clear succession
Flexibility needed - Can change anytime

Never Use For

Minor children - Need trust instead
Complex estates - Multiple properties/heirs
Creditor issues - No asset protection
Tax planning - No tax benefits
Disabled beneficiaries - May affect benefits
Feuding heirs - Creates conflicts
Business property - Need operating agreement
Conditions wanted - Can't add restrictions

Step-by-Step Instructions

Step 1 Verify State Availability

Check if your state allows TOD deeds and which type:

TOD/Beneficiary Deed States: 30+ states including AZ, CO, MO, OH
Lady Bird Deed States: FL, TX, MI, VT, WV
Not Available: NY, NC, SC, others (use trust or will)
Check specific state requirements and terminology
Some states have special forms or procedures

Time: 15 minutes

Step 2 Choose Deed Type & Beneficiaries

Select appropriate deed type and name beneficiaries:

Standard TOD: Basic beneficiary designation
Lady Bird Deed: Enhanced powers (if available)
Primary Beneficiaries: First in line to inherit
Alternate Beneficiaries: Backup if primary predeceases
Consider percentages for multiple beneficiaries

Time: 30 minutes

Step 3 Prepare the Deed

Complete state-specific deed form:

Use exact legal description from current deed
Include all current owners as grantors
Name all beneficiaries with full legal names
Specify if joint tenants or tenants in common
Add successor beneficiaries if desired

Time: 30-60 minutes

Step 4 Execute Properly

Sign according to state requirements:

All current owners must sign
Notarization always required
Some states require witnesses (2 typically)
Beneficiaries do NOT sign
May need spousal consent even if not on title

Time: 30 minutes

Step 5 Record the Deed

File with county recorder before death:

Must record during lifetime to be valid
File in county where property located
Pay recording fees ($50-200 typical)
Get certified copy for records
Some states require notice to beneficiaries

Time: 1-5 days

Complete After Recording

Important follow-up steps:

Notify beneficiaries (optional but recommended)
Keep recorded deed with estate papers
Update as needed (divorce, deaths, changes)
No need to notify mortgage lender
Property taxes and insurance unchanged

Transfer on Death Deed Costs & Fees (2025)

Deed Form

$27.97

State-specific from Deeds.com

Recording

$50-200

County recorder fees

Notary

$10-25

Required for validity

Additional Potential Costs

Attorney review: $200-500 (recommended for complex situations)
Title search: $75-200 (verify ownership)
Multiple properties: Separate deed for each property
Revocation deed: $50-100 if changes needed later
Death certificate copies: $10-25 each (needed later)

Tax Consideration

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).

Transfer on Death Deed vs Other Deed Types

Standard TOD

Protection: Avoids Probate

Speed: 1-3 days

Cost: $50-300

Best for: Most States

Lady Bird Deed

Protection: Enhanced Powers

Speed: 1-3 days

Cost: $100-500

Best for: FL, TX, MI

Life Estate

Protection: Immediate Transfer

Speed: 1-3 days

Cost: $100-400

Best for: Asset Protection

Living Trust

Protection: Full Control

Speed: 1-2 weeks

Cost: $1000-3000

Best for: Complex Estates

* Costs and timeframes are estimates and vary by location

Common Transfer on Death Deed Scenarios & Examples

Scenario: Mary, 75, owns her home free and clear. She wants her three adult children to inherit equally without probate.

Process:

Mary signs TOD deed naming all three children
Each child gets 33.33% as tenants in common
Names grandchildren as alternate beneficiaries
Records deed but tells no one (avoiding pressure)

Perfect Use Case: Simple, effective probate avoidance for straightforward family situation.

Scenario: John remarried and wants his wife to live in home for life, then pass to his children from first marriage.

Process:

Lady Bird deed to wife for life estate (if available)
OR: TOD deed to wife and children as joint beneficiaries
OR: Create trust for more complex arrangement
Consider life insurance for equalizing inheritance

Complex Situation: May need trust instead of simple TOD to handle competing interests properly.

Scenario: Florida couple wants to protect home from Medicaid recovery while retaining full control.

Process:

Execute Lady Bird deed to adult children
Retain enhanced life estate with full control
Can sell or mortgage without beneficiary consent
Property not countable asset for Medicaid (in FL)

State Specific: Lady Bird deeds only available in FL, TX, MI, VT, WV. Medicaid rules vary by state.

Scenario: California resident owns rental property in Arizona and wants to avoid ancillary probate.

Process:

Use Arizona TOD deed for the rental property
Name same beneficiaries as California will/trust
Avoids separate probate proceeding in Arizona
Update if selling or changing beneficiaries

Smart Planning: TOD deeds perfect for avoiding probate in multiple states.

Common Mistakes to Avoid

❌ Mistake #1: Not Recording

Keeping signed TOD deed in safe deposit box instead of recording.

Solution: Must record with county before death to be valid.

❌ Mistake #2: Wrong State Form

Using generic form when state has specific requirements.

Solution: Always use state-specific forms with required language.

❌ Mistake #3: Forgetting Updates

Not updating after beneficiary dies or divorce occurs.

Solution: Review and update after major life changes.

❌ Mistake #4: Joint Owner Issues

Only one joint owner signs the TOD deed.

Solution: All current owners must sign for valid transfer.

❌ Mistake #5: Minor Beneficiaries

Naming minor children directly as beneficiaries.

Solution: Use trust or custodian under UTMA for minors.

❌ Mistake #6: Tax Assumptions

Thinking TOD deeds avoid estate taxes or provide tax benefits.

Solution: Understand TOD only avoids probate, not taxes.

Frequently Asked Questions

TOD deeds and beneficiary deeds are the same—just different names in different states. Lady Bird deeds (enhanced life estate) are special versions available only in FL, TX, MI, VT, and WV that give you extra powers like the ability to sell or mortgage without beneficiary consent. Standard life estate deeds give beneficiaries immediate ownership rights.

Over 30 states allow TOD/beneficiary deeds including: AZ, AR, CA, CO, DC, HI, IL, IN, KS, ME, MN, MO, MT, NE, NV, NM, ND, OH, OK, OR, SD, TX, UT, VA, WA, WV, WI, WY. Lady Bird deeds are only available in FL, TX, MI, VT, and WV. Check current state law as this changes.

Yes! You retain full ownership and control during your lifetime. You can sell, mortgage, or give away the property without beneficiary permission. The TOD deed is automatically void if you don't own the property at death.

Record a revocation form or new TOD deed with different beneficiaries. The most recent recorded document controls. Never just destroy the deed—you must record a revocation. Some states have specific revocation forms.

Their share typically goes to surviving beneficiaries unless you named alternate beneficiaries. If all beneficiaries predecease you, the property goes through probate. Update your TOD deed if beneficiaries die.

Standard TOD deeds don't protect against Medicaid recovery—the state can still claim against the property after death. However, Lady Bird deeds in states where available (FL, TX, MI) may provide protection. Consult an elder law attorney.

No immediate tax consequences when recording. Beneficiaries receive stepped-up basis at death (good for capital gains). TOD doesn't avoid estate taxes for large estates. No gift tax because transfer occurs at death. Property tax assessments may change after transfer.

During your lifetime, your creditors can reach the property since you still own it. After death, some states protect inherited property from the deceased's creditors, others allow claims. Beneficiaries' creditors can reach property once inherited.

Avoid Probate with a TOD Deed

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State-compliant forms

Step-by-step guidance

Only $27.97

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Transfer on Death Deed Forms & Complete Guide

Select Your State

Alaska

Arizona

Arkansas

California

Colorado

District Of Columbia

Florida

Georgia

Hawaii

Illinois

Indiana

Kansas

Maine

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Mexico

New York

North Dakota

Ohio

Oklahoma

Oregon

South Dakota

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

What is a Transfer on Death Deed?

Key Point

How Transfer on Death Deeds Work

The Transfer on Death Deed Process

When to Use a Transfer on Death Deed

Good Uses

Never Use For

Step-by-Step Instructions

Step 1 Verify State Availability

Step 2 Choose Deed Type & Beneficiaries

Step 3 Prepare the Deed

Step 4 Execute Properly

Step 5 Record the Deed

Complete After Recording

Transfer on Death Deed Costs & Fees (2025)

Deed Form

Recording

Notary

Additional Potential Costs

Tax Consideration

Transfer on Death Deed vs Other Deed Types

Standard TOD

Lady Bird Deed

Life Estate

Living Trust

Common Transfer on Death Deed Scenarios & Examples

Widow with Adult Children

Remarried with Blended Family

Medicaid Planning with Lady Bird Deed

Out-of-State Rental Property

Common Mistakes to Avoid

❌ Mistake #1: Not Recording

❌ Mistake #2: Wrong State Form

❌ Mistake #3: Forgetting Updates

❌ Mistake #4: Joint Owner Issues

❌ Mistake #5: Minor Beneficiaries

❌ Mistake #6: Tax Assumptions

Frequently Asked Questions

What's the difference between TOD, beneficiary, and Lady Bird deeds?

Which states allow Transfer on Death deeds?

Can I sell my property after recording a TOD deed?

How do I revoke or change a TOD deed?

What happens if a beneficiary dies before me?