Does Tennessee Allow Transfer on Death Deeds?

Tennessee does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.

Why TOD deeds aren't available in Tennessee

Tennessee has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute, so no transfer-on-death deed chapter exists in the Tennessee Code. The most recent URPTODA bills (HB1793/SB2029, 114th General Assembly) would have added a new Title 31, chapter 8, but died without passage: the House sponsor withdrew on 2026-02-25, the Senate companion never left the Judiciary Committee, and the 114th General Assembly adjourned sine die on 2026-04-23.

Multiple URPTODA bills introduced and none enacted: HB1600/SB0660 (112th GA, 2021, died in committee); SB0984 (114th GA, 2025; last action 2/12/2025 referred to Senate Judiciary Committee); HB1793/SB2029 (114th GA, 2026, which would have created a new TCA Title 31, chapter 8; HB1793 sponsor(s) withdrawn 2/25/2026; SB2029 referred to Senate Judiciary Committee 2/5/2026 and never reported out before the 114th GA adjourned sine die 4/23/2026). Because survivorship is not a default incident of joint tenancy in Tennessee (TCA 66-1-107), a deed must expressly state the right of survivorship for it to apply. Tennessee courts have not clearly endorsed "Lady Bird" / enhanced life estate deeds, so that workaround is not a reliable substitute as it is in FL or TX.

Alternatives for Tennessee

These mechanisms transfer real property at death without probate in Tennessee:

  • Joint tenancy with right of survivorship (must be expressly stated in the deed)
  • Tenancy by the entirety (married couples)

Consult a licensed attorney for help choosing the right mechanism for your situation.

Legislation pending

Tennessee 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

Tennessee has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute, so no transfer-on-death deed chapter exists in the Tennessee Code. The most recent URPTODA bills (HB1793/SB2029, 114th General Assembly) would have added a new Title 31, chapter 8, but died without passage: the House sponsor withdrew on 2026-02-25, the Senate companion never left the Judiciary Committee, and the 114th General Assembly adjourned sine die on 2026-04-23.

Tennessee recognizes 3 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship (must be expressly stated in the deed); Tenancy by the entirety (married couples).

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 Tennessee.

Yes. Legislation authorizing transfer on death deeds has been proposed in Tennessee, but is not currently enacted. Multiple URPTODA bills introduced and none enacted: HB1600/SB0660 (112th GA, 2021, died in committee); SB0984 (114th GA, 2025; last action 2/12/2025 referred to Senate Judiciary Committee); HB1793/SB2029 (114th GA, 2026, which would have created a new TCA Title 31, chapter 8; HB1793 sponsor(s) withdrawn 2/25/2026; SB2029 referred to Senate Judiciary Committee 2/5/2026 and never reported out before the 114th GA adjourned sine die 4/23/2026). Because survivorship is not a default incident of joint tenancy in Tennessee (TCA 66-1-107), a deed must expressly state the right of survivorship for it to apply. Tennessee courts have not clearly endorsed "Lady Bird" / enhanced life estate deeds, so that workaround is not a reliable substitute as it is in FL or TX.