Transfer-on-Death Deed States

August 22, 2021

A transfer-on-death (TOD) deed is an effortless way to transfer real estate to a loved one upon your death. Through a TOD deed, you’ll name a beneficiary to inherit the property upon your passing; most importantly without the need for probate court proceedings. A TOD deed must be signed, notarized, and filed in the county’s land records office. For an overview of TOD deeds, please review “Transfer-on-Death Deed for Real Estate.” As always, HereToday recommends you consult an attorney when creating any legal document. 

Not all U.S. states recognize TOD deeds as an option. If you own real estate in any of the states listed below, you can use a TOD deed to leave property to a beneficiary. However, if your real estate is not located within one of these states, you can still help your loved ones avoid probate by transferring property to a living trust. Upon creating a TOD deed, we suggest you upload a copy of the document to your HereToday Vault

 

Alaska

Arizona

Arkansas

California

Colorado

District of Columbia

Hawaii

Illinois

Indiana

Kansas

Maine

Michigan (This state uses a similar document called a Lady Bird deed)

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Mexico

North Dakota

Ohio (This state has replaced a TOD deed with a TOD affidavit)

Oklahoma

Oregon

South Dakota

Texas

Utah

Virginia

Washington

West Virginia

Wisconsin

Wyoming

 

Disclaimer. HereToday is not a legal service. This content should not be taken as legal advice. Before drafting any legal document, please consult an attorney.

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