Transfer on Death Deed
A transfer on death deed, also called a beneficiary deed, names a beneficiary to receive your real property automatically at your death, without probate, while you keep control for life. Attorney review available.
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Introduction
A transfer on death deed, called a beneficiary deed in some states, is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without the property passing through probate. During your lifetime the deed has no effect on your ownership: you keep full control, can sell, mortgage, or refinance the property, and can revoke the deed at any time, and the beneficiary gets nothing until you die. When you die, the named beneficiary becomes the owner by recording proof of your death, avoiding the time and cost of probate for that property. Not every state offers this tool. Many states have a statutory transfer on death or beneficiary deed, a few states use a different mechanism such as an enhanced life estate deed, and some states do not authorize it at all, so owners there use a living trust or another method to avoid probate. Where the deed is available, each state sets its own rules for what the deed must say, whether witnesses are required, whether the signature must be notarized, whether there is a deadline to record it, and which office records it. Because those rules, and even whether the deed exists, are set by state law, the specifics differ from state to state. Select your state to see whether it offers the deed, its rules, and a deed built on them. DocDraft builds your transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
- 1
A transfer on death deed, also called a beneficiary deed, is a recorded deed that names a beneficiary to receive your real property automatically when you die, without that property passing through probate.
- 2
During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die.
- 3
Availability varies. Many states have a statutory transfer on death or beneficiary deed, some states offer no such deed at all, and a few use a different tool such as an enhanced life estate deed, so owners there rely on a living trust or another method.
- 4
To be valid the deed generally must be signed, notarized, and recorded with the county land records office while you are alive. Some states set a deadline to record it and some require witnesses.
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The name of the instrument differs by state: transfer on death deed, beneficiary deed, or a transfer on death designation affidavit. They do the same job under different names.
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The deed is revocable. You can usually revoke it by recording a revocation, by recording a later deed, or by transferring the property, and in most states a will cannot revoke it.
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A transfer on death deed is not a full estate plan. It passes one piece of real property, does not deal with debts or incapacity, and is best used alongside a will or trust, not instead of one.
Key Decisions
The Property
A transfer on death deed works for property you own outright or as a share you can pass. Property you own in joint tenancy usually passes to the surviving joint owner first, so the deed only takes effect if you are the last owner alive.
I own it in my own name only
The clearest case. A transfer on death deed can pass the whole property to your beneficiary at death.
Most Common OptionI own it with someone else as joint tenants
The property usually passes to the surviving joint owner first. A transfer on death deed generally applies only if you are the last surviving owner.
I own it with someone as tenants in common
You can usually pass your share with a transfer on death deed, while the other owner keeps theirs.
The Beneficiary
Name the beneficiary clearly, by full legal name. You can usually name more than one, and it is wise to name an alternate in case your first choice does not survive you.
One person
A single beneficiary, such as a spouse, child, or other individual, receives the property.
Most Common OptionTwo or more people
Multiple beneficiaries share the property. State how they hold it, for example in equal shares.
One person plus an alternate
A primary beneficiary, with a backup who takes the property if the first does not survive you.
A transfer on death deed is revocable, so you keep the freedom to change the beneficiary or cancel the deed. This is a key reason people choose it over an outright gift of the property.
Yes, I want to keep control and be able to revoke it
The normal expectation. The deed is revocable and does not affect your control of the property while you live.
Most Common OptionI want it to be permanent
A transfer on death deed is always revocable by design. If you want an irrevocable transfer, a different tool such as a trust may fit better.
I am not sure yet
Keeping the ability to revoke is usually the safer choice, since your circumstances may change.
Signing and Recording
A transfer on death deed usually must be notarized and recorded with the county land records office while you are alive. Some states also require witnesses or set a deadline to record it, and a deed that is never recorded is generally not effective.
Yes, I can sign before a notary and record it
The standard path. Notarize the deed and record it with the county where the property is located.
Most Common OptionI need to know if my state requires witnesses
Some states require witnesses in addition to a notary. Your state's page shows the signing rules.
I am not sure where to record it
Record it with the county land records office (recorder or register of deeds) in the county where the property sits.
Transfer on Death Deed Requirements
Owner and How Title Is Held
The full name of the owner making the deed, and how the owner holds title. Property held in joint tenancy usually passes to the surviving owner first, which affects whether the deed takes effect.
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