What Is a Transfer on Death (TOD) Deed?

A transfer on death deed, also known as a beneficiary deed, is a legal document that lets you pass your property to someone upon your death without going through probate. You can name a person or an organization, like a charity, as the beneficiary. If that beneficiary dies before you, you can list a backup.

With this type of deed, you keep full control of the property until your death. The beneficiary has no rights to it while you’re alive. When you pass away, the property automatically transfers according to the TOD deed, once the beneficiary provides an affidavit of death and a death certificate to the county recorder.

Simpler setup than a living trust
Avoids probate
Allows the owner to retain control
Preserves state-level asset protection and tax benefits
Reduces potential capital gains tax because of the stepped-up basis for beneficiaries

Which States Allow Transfer on Death Deeds?

As of February 2026, 31 states and Washington, DC, allow transfer on death deeds for real estate. You must follow state-specific requirements for your TOD deed, as each state has its own laws guiding its creation. For example, a transfer on death deed in Texas will look different from a transfer on death deed in California.

Since each state has its own process, it’s important to double-check the details before filing. Here are the states where transfer on death deeds are currently allowed and the statutes that govern them.

State	Governing Statute	State-Specific Title
Alaska	AK Stat § 13.48.120	Transfer on Death Deed
Arizona	AZ Rev Stat § 33-405	Beneficiary Deed
Arkansas	AR Code § 18-12-608	Beneficiary Deed
California	CA Prob Code § 5696	Revocable Transfer on Death (TOD) Deed
Colorado	CO Rev Stat §§ 15-15-401 — 15-15-415	Beneficiary Deed
Delaware	12 DE Code § 201-215	Transfer on Death Deed
District of Columbia (DC)	DC Code § 19–604.09	Transfer on Death Deed
Hawaii	HI Rev Stat § 527-1	Transfer on Death Deed
Illinois	755 ILCS 27/1	Transfer on Death Instrument (TODI)
Indiana	IN Code § 32-17-14-11	Transfer on Death Deed
Kansas	KS Stat § 59-3502	Transfer on Death Deed
Maine	18-C M.R.S. § 6-401 et seq.	Transfer on Death Deed
Minnesota	MN Rev Stat § 507.071	Transfer on Death Deed
Mississippi	MS Code § 91-27-15	Transfer on Death Deed
Missouri	MO Rev Stat § 461.025	Beneficiary Deed
Montana	MT Code § 72-6-401	Transfer on Death Deed
Nebraska	NE Rev Stat §§ 76-3401 to 76-3423	Transfer on Death Deed
Nevada	NV Rev Stat § 111.671	Deed Upon Death
New Mexico	NM Stat § 45-6-401	Transfer on Death Deed
New York	NY Real Prop Law § 424	Transfer on Death Deed
North Dakota	ND Cent Code § 30.1-32.1	Transfer on Death Deed
Ohio*	OH Rev Code § 5302.22	Transfer on Death Designation Affidavit
Oklahoma	58 OK Stat §§ 1251–1258	Transfer on Death Deed
Oregon	ORS § 93.948	Transfer on Death Deed
South Dakota	SD Codified Law § 29A-6-417	Transfer on Death Deed
Texas	TX Est Code § 114.051	Transfer on Death Deed
Utah	UT Code § 75-6-401 through 75-6-419	Transfer on Death Deed
Virginia	VA Code § 64.2-621 et seq.	Transfer on Death Deed
Washington	WA Rev Code § 64.80.100	Transfer on Death Deed
West Virginia	WV Code § 36-12-1 et seq.	Transfer on Death Deed
Wisconsin	WI Stat § 705.15	Transfer on Death Deed
Wyoming	WY Stat § 2-18-103	Transfer on Death Deed

How to Fill Out a Transfer on Death Deed

A transfer on death deed form has to be filled out with care. Inputting accurate details can ensure your county accepts it and help the transfer hold up later. Here’s how to complete each part properly so your plans to pass on your property go smoothly.

Step 1 – Verify That Your State Allows TODs

Before you proceed to fill out a transfer on death deed form, ensure that your state’s laws recognize them. If not, consider alternatives to a transfer on death deed.

Step 2 – Enter the Property Owner’s Details

Enter the property owner’s full legal name, followed by their current address. This confirms who owns the property and keeps the deed up to date. Make sure the name matches what’s on the title to avoid problems later.

Be sure to clarify whether the property owner is an individual or a married couple. This detail determines when the property transfers: either after the owner’s death or, for jointly owned property, after the surviving spouse dies.

Step 3 – Name the Deed Preparer

Include the name of the person preparing the deed. This could be the owner or a legal professional. It simply shows who filled out the form and helps keep the record clear.

Step 4 – Identify the Beneficiaries

Write the full legal name of the person who will receive the property after the owner’s death. Then add their current address.

You can add a backup beneficiary in case the primary one passes away before the owner. This helps avoid delays or confusion later. It’s optional, but a good way to ensure your property is transferred according to your wishes.

Clarify who you want the deed receiver to be if it’s not one of the beneficiaries. The county recorder will return the recorded deed to the person named as the receiver.

Step 5 – Describe the Property

List the full property address, including the city and state. Then add the legal description from the current deed. This helps clearly identify the property being transferred. If there are any exceptions or restrictions, make sure to include them as well.

Step 6 – Provide Tax Information

Add any property tax information if your state asks for it. This might include the Assessor Parcel Number (APN) or tax ID. Check your local requirements to make sure you’ve covered everything.

You can also clarify who you want to receive the property’s tax statements in the future, whether it’s the beneficiary or someone else.

Step 7 – Review the Deed for Capacity Language

Depending on what state you file your transfer on death deed in, you may need to include certain capacity language to indicate that the owner is mentally competent to execute the deed. Explore state-specific requirements below.

State	Explicit Capacity Language Required?	Exact Wording Required or Recommended	Notes on Capacity
Alaska	No	n/a	While Alaska law does not require explicit "sound mind" language in the deed text itself, the transferor must be at least 18 years old and capable.
Arizona	No	n/a	Capacity is implied through execution. The owner must have the capacity to contract, which is a higher legal standard than the "testamentary capacity" required for a will. Arizona law does not require explicit "sound mind" or capacity language to be written into the deed text itself.
Arkansas	No	n/a	Capacity standard is "sound mind" (testamentary capacity), but no explicit text required in the deed itself.
California	No	n/a	Notarization required; no capacity statement in deed text. Capacity standard is higher than testamentary (contractual capacity).
Colorado	No	n/a	While no explicit statement is required in the deed text, the owner must have the legal capacity to execute a deed.
Delaware	Yes	"Owner is of sound mind and memory and not under duress."	Capacity language must be placed in the Witness and Notary Attestation blocks. Two witnesses and a notary public must attest to the owner's capacity.
District of Columbia (DC)	No	n/a	Execution-focused requirements only. Capacity required is the same as a will (DC Code § 19-604.08). Notarization is required, but witnesses are not.
Hawaii	No	n/a	No deed-text capacity requirement. Capacity required is the same as a will (testamentary capacity).
Illinois	Yes	"Being of sound mind and legal capacity"	Capacity language must be placed in the introductory paragraph, immediately after owner’s name. Witnesses must attest that the owner was of sound mind and memory. The owner must have the same capacity as required for a will. Illinois requires two witnesses and notary acknowledgment.
Indiana	No	n/a	While the grantor must be at least 18 years old and of sound mind to execute a valid deed, the statute does not mandate an affirmative statement of this capacity in the document's body.
Kansas	No	n/a	Execution governs capacity. Kansas does not require the grantor to affirm legal capacity through explicit "legal capacity" language within the deed text. While the grantor must be "competent" to sign legal documents, this is an underlying legal standard rather than a mandatory textual requirement.
Maine	No	n/a	Maine does not require explicit capacity language within the text of the deed itself. While the statute mandates that the transferor possess the same legal capacity required to make a will, this is a standard for validity rather than a mandatory textual affirmation.
Minnesota	No	n/a	No deed-text capacity requirement. Must comply with standard deed formalities. Uniform Conveyancing Blanks are standard.
Mississippi	No	n/a	Execution and recording only. Capacity required is the same as for a contract. Notarization is required, but witnesses are not.
Missouri	No	n/a	No required capacity wording. Capacity is a general legal requirement for validity but not a mandatory textual element.
Montana	No	n/a	Capacity required is "the same as the capacity required to make a will."
Nebraska	Yes	"...and that I am of sound mind and under no constraint or undue influence."	Capacity language must be placed in the Grantor's Sworn Declaration section (Execution/Notary Block) NE Rev Stat § 76-3409 prescribes a specific form for the certificate of the officer (notary) and witnesses that includes this language.
Nevada	No	n/a	No deed-text capacity language; Capacity standard is "same as required to make a will."
New Mexico	No	n/a	Capacity standard is "same as a will."
New York	Yes	"Owner(s) being of sound mind and memory..."	Capacity language must be placed in the introductory paragraph. Effective July 19, 2024. Requires the same capacity as a will. Must have a witness.
North Dakota	No	n/a	Capacity required is the same as for a will (ND Cent Code § 30.1-32.1-05)
Ohio	No	n/a	The "Transfer on Death Deed" was officially replaced in 2009 by the Transfer on Death Designation Affidavit. The TOD Designation Affidavit has no explicit capacity statement. Statutory standard is "legally competent." Capacity is a competency standard but not a formal deed with “sound mind” verbiage.
Oklahoma	Yes	"...being of competent mind and having the legal capacity to execute this document..."	Capacity language must be placed in the introductory paragraph, immediately after the owner's name. Beneficiary deed statute, reinforced through notary acknowledgment (witnesses not required). Oklahoma courts are comfortable with “sound mind” language, it does not increase contest risk here.
Oregon	No	It's recommended to use the language in the statutory form.	Capacity standard is "testamentary capacity" (ORS 93.959(1)). Statutory form is provided but optional. Requires the capacity of a will and statutory form, but does not mandate “sound mind” text. Including a cautionary statement about capacity is often recommended.
South Dakota	No	It's recommended to use explicit capacity or “sound mind” language aligns with statute or official form.	Capacity standard is "the same as the capacity required to make a will."
Texas	No	n/a	No deed-text capacity language required. Deed must follow essential elements of a recordable deed. Must have a witness and a notary.
Utah	No	n/a	Capacity standard is "testamentary capacity." Optional statutory form is provided. Capacity standard as will equivalent.
Virginia	No	n/a	Execution governs capacity; capacity required is the same as for a will (testamentary capacity).
Washington	No	n/a	Capacity standard is "testamentary capacity." Statutory requirements emphasize recording and notarization.
West Virginia	No	It is recommended to use explicit capacity or “sound mind” language aligns with statute or official form.	No explicit deed-text capacity language, it is highly advised. Capacity standard is "same as required to make a will." Notarization is required, but witnesses are not.
Wisconsin	No	n/a	Capacity addressed via execution. Capacity required is "testamentary capacity."
Wyoming	No	n/a	Capacity required is "testamentary capacity" (the same as for a will).

Step 8 – Sign in Front of a Notary (& Witnesses if Required)

The owner must sign the deed in front of a notary public, who will check their ID and watch them sign. This makes the deed official and helps prevent fraud. In some states, witnesses also need to sign. If that’s the case, include each witness’s full name and address. Check your state’s rules to know for sure.

Step 9 – Record the Deed

Once the deed is complete, file it with the local land records office, which may be the county clerk or recorder’s office. This step makes the transfer official. Without it, the deed may not be legally valid.

Sample Transfer on Death Deed

View an example of a transfer on death deed to see how to structure your document for a probate-free property transfer. Complete it using Legal Templates’s guided form, then download a printable version in PDF or Word format.

This is a document preview. Your customized version will be created after you answer a few quick questions.

Transfer-on-Death-Deed

Can a Transfer on Death Deed Be Contested?

Yes, a transfer on death deed can be contested in any state that allows them. Even though it skips probate, it’s not immune to legal challenges.

One of the common problems with transfer on death deeds is that heirs, creditors, or other interested parties can still bring the issue to probate court. They might claim fraud, undue influence, lack of mental capacity, or improper signing.

Revoking a Transfer on Death Deed

A property owner can revoke a transfer on death deed for any reason while they’re alive. They do not need the beneficiaries’ consent. They can fill out a revocation form and file it with the same land records office where they filed the original TOD deed.

Other ways a property owner can revoke a current TOD deed include the following:

Record a new TOD deed. When the property owner records a new TOD deed for a piece of property, it invalidates the old one.
Sell the property. Selling the property revokes a previous TOD deed.
Transfer the property. If the property owner transfers the property under a TOD deed into a trust, the property’s ownership changes, revoking the previous TOD deed.

Alternatives to a Transfer on Death Deed

Transfer on death deeds can come with problems, including a lack of availability in certain states and an impact on beneficiaries’ eligibility for income- and asset-based programs like Medicaid.

You may consider alternatives to a transfer on death deed, such as a Lady Bird deed. A Lady Bird deed is available in states (Florida, Michigan, Texas, Vermont, West Virginia) where a TOD deed is not allowed. It also offers some benefits over a TOD deed, including flexibility with Medicaid planning.

If you don’t live in a state that allows Lady Bird deeds, other TOD deed alternatives are available. The one you pick will depend on your estate planning needs and preferences. Consider the alternatives listed below:

Revocable living trust: A revocable living trust transfers property according to the trust’s terms and can manage assets during life and after death.
Last will: A last will must go through probate, but it can be a good solution if you have more assets to distribute beyond just a primary residence.
Joint tenancy with right of survivorship: This option allows property to pass automatically to the surviving owner but gives co-owners immediate ownership rights during life.
Tenancy by the entirety (married couples only): This option provides automatic transfer to the surviving spouse with added creditor protection.
Life estate deed: A life estate deed lets the owner retain use of the property during life while designating who inherits it at death.
Quitclaim deed: During your lifetime, you can transfer property without guaranteeing the title’s condition.
Warranty deed: During your lifetime, you can transfer property while offering warranties on the title’s condition.
Gifting: During your lifetime, you can gift property to a family member or another individual. You may be able to avoid gift taxes if the value of the gifted property falls below the lifetime exemption.