Real Estate

Complete Legal Packages

Transfer on Death Deed Package

Name who receives your property at death without giving up ownership or control during life, beginning with whether the governing state recognizes a transfer-on-death deed at all. The package coordinates the state-availability check, legal description, beneficiary designations, execution, lifetime recording, and after-recording steps while explaining that existing mortgages, liens, and ownership limits remain attached to the property.

Also called: transfer on death deed, beneficiary deed, tod deed states.

Transfer-on-Death Deed Package document preview

What you walk away with

A clean multi-page PDF and DOCX after you finish — not a web-form dump. Preview the document before you pay.

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✓ Jurisdiction first (state → county)✓ State clause pack applied✓ Direct or guided path

Jurisdiction

Whether a transfer on death deed is available at all, what it is called, the required form and wording, recording deadlines, and revocation procedure are set by state law and differ substantially. Several states do not permit them. This package reproduces no state's prescribed form.

$49.99

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Jurisdiction details

See how this document starts in your state

Choose the state where the document will be used. The state page shows the maintained coverage level, local-rule limits, and a builder link with the canonical state code already selected.

Choose the state where this document will be used

Browse the complete jurisdiction directory

When this fits

Use this document when…

Passing a home to a child or beneficiary without probate
Keeping full control and the right to sell or change your mind
A simpler alternative to a trust where the main asset is one property
Adding a beneficiary designation to real property, as you would to an account

Before you start

Information you will need

Whether your state recognises transfer on death deeds
Owner and beneficiary details, and any alternate beneficiary
The property's legal description from the existing deed
Your county's current recording requirements
Notary and witness requirements for your state

What you receive

State availability check
County recording requirements worksheet
Property and parties information sheet
Transfer on death deed
Beneficiary notification letter
Recording instructions and after-recording checklist
All six as separate PDF or DOCX files

Document questions

Questions about this document

What is a Transfer-on-Death Deed Package?

How do I create a Transfer-on-Death Deed Package?

Passing a home to a child or beneficiary without probate; Keeping full control and the right to sell or change your mind; A simpler alternative to a trust where the main asset is one property

What should a Transfer-on-Death Deed Package include?

Whether your state recognises transfer on death deeds; Owner and beneficiary details, and any alternate beneficiary; The property's legal description from the existing deed; Your county's current recording requirements; Notary and witness requirements for your state

Special situations

Transfer on death deeds are not available in every state. Establish that yours recognises them before doing anything else — a deed recorded where the instrument is not recognised achieves nothing.
It must be recorded during your lifetime. A transfer on death deed signed but never recorded generally has no effect at all.
You keep full control while you are alive. You can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until your death.
The beneficiary takes the property subject to whatever is on it — mortgages, liens, and tax obligations all survive.
It does not avoid creditors of your estate, and several states allow claims against property transferred this way.
If the beneficiary dies before you and you named no alternate, the deed may fail entirely and the property falls back into your estate.

Frequently asked questions

Can I use this in my state?

That is the first thing to establish, and the state availability check exists for it. These deeds are not recognised everywhere, and they go by different names where they are. A deed recorded in a state that does not recognise the instrument does nothing at all.

Do I lose control of my property?

No. While you are alive you can sell it, mortgage it, or revoke the deed. The beneficiary has no present interest and no say. That is the main advantage over transferring the property outright now.

Does it have to be recorded?

Yes, during your lifetime, and this is where these fail most often. A signed but unrecorded transfer on death deed generally has no effect. Record it promptly rather than filing it with your papers.

Does the beneficiary get the property free of the mortgage?

No. They take it subject to whatever encumbers it — mortgages, liens, and unpaid taxes all continue. A beneficiary who cannot service the loan may have to sell.

What if my beneficiary dies before I do?

If you named no alternate, the deed may fail and the property returns to your estate, going through probate — which defeats the point. Naming an alternate beneficiary costs nothing and avoids that outcome.

How is this different from a quitclaim deed?

A quitclaim transfers ownership now. A transfer on death deed transfers nothing until you die, and you keep complete control until then. Transferring your home to a child now, using a quitclaim, gives away control immediately and is rarely what people actually intend.