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
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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.
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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.
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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.
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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
Transfer on Death Deed Requirements
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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Does your Transfer on Death Deed need to be notarized?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
It 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 probate. Some states call it a beneficiary deed. During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. At your death the beneficiary becomes the owner by recording proof of death.
A will directs who inherits your property, but the property still passes through probate, the court-supervised process that can take months and cost money. A transfer on death deed passes the specific real property named in it directly to the beneficiary at your death, outside probate. A will covers your whole estate; a transfer on death deed covers only the real property it describes. Many people use both, so the deed handles the real estate and the will handles everything else.
No. Many states have enacted a statutory transfer on death or beneficiary deed, but some states do not authorize one at all, and a few use a different tool such as an enhanced life estate deed. Where no transfer on death deed exists, owners typically use a living trust, joint ownership with right of survivorship, or a life estate deed to avoid probate. Your state's page shows whether the deed is available where your property is located.
Yes, for the real property it names. Because the deed passes that property directly to the beneficiary at your death, the property does not go through probate, which saves the beneficiary the time and cost of a court process. It does not avoid probate for your other assets, and it does not shield the property from valid debts, liens, or claims that attached before your death. It is one probate-avoidance tool, not a complete plan.
Yes. A transfer on death deed is revocable while you are alive. You can usually revoke it by recording a revocation form, by recording a new transfer on death deed for the same property, or by selling or transferring the property before you die. In most states a will cannot revoke a transfer on death deed, so you must revoke it the way state law requires. The beneficiary has no say because they own nothing until you die.
No. During your lifetime the deed has no effect on your ownership. You keep full control of the property and can live in it, rent it, mortgage it, sell it, or revoke the deed without the beneficiary's consent, because the beneficiary has no legal interest in the property until you die. In many states, recording the deed also does not trigger a property tax reassessment or a gift tax, though you should confirm the tax treatment in your state.
In nearly every state that offers the deed, yes. You generally must sign the deed, have your signature notarized, and record the deed with the county office that keeps land records, all while you are alive. Some states also require witnesses, and some set a deadline to record the deed after signing. A deed that is signed but never recorded, or recorded too late, is usually not effective, so recording on time is essential.
A transfer on death deed is a single recorded deed that passes one piece of real property to a beneficiary at death. A living trust is a broader arrangement that can hold many assets, including real estate, bank accounts, and investments, and can manage them if you become incapacitated. A trust costs more to set up but does more; a transfer on death deed is simpler and cheaper but covers only the real property it names. Which fits depends on your assets and goals.