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.
A Uniform Real Property Transfer on Death Act bill is pending in the current (222nd) New Jersey Legislature. Senate Bill 3679 was introduced February 24, 2026 and was reported out of the Senate Community and Urban Affairs Committee with amendments on May 11, 2026; it is on second reading in the Senate. Its Assembly companion, A1819, remains in the Assembly Housing Committee. Neither has passed either chamber, and no transfer on death deed statute is in effect in New Jersey.
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 a life estate with remainder to a beneficiary — N.J.S.A. 46:3-13; life estate + remainder recognized at N.J.S.A. 2A:56-39, 54:36-1)
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
S3679 (222nd Legislature (2026-2027)) is pending. Last action: Reported from Senate Community and Urban Affairs Committee with amendments; second reading in the Senate. Assembly companion A1819 in Assembly Housing.
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 (N.J.S.A. 3B:31-1 et seq., Uniform Trust Code); 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 a life estate with remainder to a beneficiary — N.J.S.A. 46:3-13; life estate + remainder recognized at N.J.S.A. 2A:56-39, 54:36-1).
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. S3679 (222nd Legislature (2026-2027)) is pending — last action: Reported from Senate Community and Urban Affairs Committee with amendments; second reading in the Senate. Assembly companion A1819 in Assembly Housing.