Does New Jersey Allow Transfer on Death Deeds?
New Jersey does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.
Why TOD deeds aren't available in New Jersey
New Jersey has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. TOD deeds for real estate are not authorized in NJ.
Alternatives for New Jersey
These mechanisms transfer real property at death without probate in New Jersey:
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- •Joint tenancy with right of survivorship (N.J.S.A. 46:3-17, 46:3-17.1 — must be expressly declared in the deed)
- •Tenancy by the entirety (married couples only, N.J.S.A. 46:3-17.2, 46:3-17.5)
- •Life estate deed (reserving life estate with remainder to beneficiary)
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
New Jersey legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-13).
Frequently asked questions
New Jersey has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. TOD deeds for real estate are not authorized in NJ.
New Jersey recognizes 4 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship (N.J.S.A. 46:3-17, 46:3-17.1 — must be expressly declared in the deed); Tenancy by the entirety (married couples only, N.J.S.A. 46:3-17.2, 46:3-17.5); Life estate deed (reserving life estate with remainder to beneficiary).
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in New Jersey.
Yes. Legislation authorizing transfer on death deeds has been proposed in New Jersey, but is not currently enacted.