Transfer on Death Deed (TODD)

A transfer on death deed is a document that is used for transferring real estate to a person (beneficiary) upon the owner’s death. The deed has no effect over the owner’s property until death occurs. Should the owner (grantor) wish to lease, renovate, or even sell the property, they retain the right to do so.

Also known as a:

• Beneficiary deed
• TOD deed

By State

Transfer on death deeds are currently permitted in twenty-nine (29) states . If a TOD deed is not permitted in the owner’s state, they may be interested in executing a living trust or a lady bird deed, as long they are accepted in their state.

Contents

Sample

Prepared By:
Name: [PREPARER NAME]
Address: [PREPARER ADDRESS]

After Recording Return To:
Name: [RETURN NAME]
Address: [RETURN ADDRESS]

Space above this line for recorder’s use only

TRANSFER ON DEATH DEED

1. OWNER INFORMATION.

Owner Full Name: [OWNER NAME] Marital Status: [OWNER MARITAL STATUS]
Address: [OWNER ADDRESS]

Owner Full Name: [OWNER NAME] Marital Status: [OWNER MARITAL STATUS]
Address: [OWNER ADDRESS]

Legal Description of Property: [ENTER PROPERTY’S LEGAL DESCRIPTION]

2. BENEFICIARY. I designate the following beneficiary if the beneficiary survives me.

Full Name: [BENEFICIARY NAME]
Marital Status: [MARITAL STATUS]
Address: [BENEFICIARY ADDRESS]

3. ALTERNATE BENEFICIARY (OPTIONAL). If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.

Full Name: [ALTERNATE BENEFICIARY NAME]
Marital Status: [MARITAL STATUS]
Address: [ALTERNATE BENEFICIARY ADDRESS]

4. TRANSFER ON DEATH. At my death, I transfer my interest in the described property to the beneficiaries as designated above. Before my death, I have the right to revoke this deed.

5. SIGNATURES.

Owner Signature: _____________________ Date: [MM/DD/YYYY]
Printed Name: [OWNER NAME]

Owner Signature: _____________________ Date: [MM/DD/YYYY]
Printed Name: [OWNER NAME]

6. WITNESSES (IF REQUIRED).

Witness Signature: _____________________ Date: [MM/DD/YYYY]
Printed Name: [WITNESS NAME]
Address: [WITNESS ADDRESS]

Witness Signature: _____________________ Date: [MM/DD/YYYY]
Printed Name: [WITNESS NAME]
Address: [WITNESS ADDRESS]

7. NOTARY ACKNOWLEDGMENT.

STATE OF [STATE]
COUNTY OF [COUNTY]

I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that [OWNER(S)] whose names are signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, executed the same voluntarily on the day the same bears date.

Given under my hand this [MM/DD/YYYY]

____________________________________
Notary Public

My Commission Expires: [MM/DD/YYYY]

What is a Transfer on Death Deed?

A transfer on death deed passes one’s ownership in real property to another person (or persons) upon the owner’s death. The owner is known as the grantor, and the recipient is called the beneficiary or grantee.

The deed can be revoked anytime prior to the owners’s death. This can be done by either completing a new transfer on death deed and recording it in the same manner as the first, OR by completing and recording a revocation of transfer on death deed.

Benefits

• Allows the beneficiary to skip the probate process.
• Doesn’t change the grantor’s ownership over the property.
• Can be revoked at anytime prior to the grantor’s death.

Drawbacks

• Transfers all liens and mortgages to the beneficiary (if any).
• Jointly owned property overrides a TOD deed.

How to Use

• Step 1 – Download the Correct Form
• Step 2 – Fill it Out
• Step 3 – Sign it
• Step 4 – Record it with County Clerk

Step 1 – Download the Correct Form

Because many of the states that permit transfer on death deeds have their own specific requirements, it’s important that a state-specific form is used. Select a state above.

Step 2 – Fill it Out

The deed can be filled online or printed and completed by hand. The major points of information the owner will need to input into the form includes:

• The full name, marital status, and mailing address of the owner(s).
• The legal description of the property (can be found on the last recorded deed or at the local county recorder’s office).
• The beneficiary’s full name, marital status, and mailing address.
• If applicable, the alternative beneficiary’s full name, marital status, and address.

Step 3 – Sign it

Prior to signing the form, check the state requirements to see if the deed needs to be notarized and/or signed by witnesses prior to recording.

The majority of states require that grantors have their signatures notarized, while some permit the signatures of two (2) witnesses as an alternative. The beneficiary does not need to sign the deed.

Step 4 – Record it with County Clerk

Bring the signed deed to the local county recorder to finalize the process. The recorder will require a small fee. Once recorded, the transfer on death deed is in effect. While nothing changes in regards to the owner’s current power over their property, the real estate is instantaneously conveyed to the beneficiary upon the owner’s death.

Transfer on Death Laws

The following table contains the statutes pertaining to transfer on death for the twenty-nine (29) states that permit this type of deed.