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Home→Tools→Do I Need a TOD Deed?

Do I Need a TOD Deed?

Answer a few questions about your property to find out if a transfer on death deed is the right way to avoid probate on your real estate.

Frequently Asked Questions

A transfer on death (TOD) deed is a legal document that names a beneficiary to receive your real property when you die. It avoids probate for that property. You retain full ownership during your lifetime and can revoke or change the deed at any time.

As of 2025, 34 states and the District of Columbia allow some form of transfer on death deed. States that do not allow them include Florida, Michigan, and several others. Use this tool to check whether your state allows TOD deeds and see alternatives like revocable trusts if your state does not.

A TOD deed covers a single property in one state. A revocable trust can hold multiple properties across states, plus bank accounts, investments, and other assets. A TOD deed is simpler and less expensive for a single property, but a trust is more flexible for complex situations.

In most states that allow TOD deeds, single-family homes qualify. Some states restrict TOD deeds to certain property types or fee simple interests. This tool checks your state's specific rules based on the property type you select.

Yes. A TOD deed only covers the specific property named in the deed. All other assets — bank accounts, vehicles, personal property, and any real estate not covered by a TOD deed — still need a will or other transfer mechanism. Our free will builder can help.

Recording fees vary by county but typically range from $10 to $50 for the first page plus per-page fees. Most TOD deeds are 2-4 pages. Some states also require a transfer tax declaration, though TOD deeds are often exempt from transfer taxes. Select your county after choosing a state to see specific fees.

What Is a TOD Deed?

A transfer on death (TOD) deed lets you name a beneficiary who will receive your real property when you die, without going through probate. You keep full ownership during your lifetime and can revoke the deed at any time.

TOD deeds are available in 34 states, though each state has its own name for the document. Arizona calls it a "beneficiary deed," California calls it a "revocable transfer on death deed," and most other states use "transfer on death deed."

A TOD deed is simpler and less expensive than a revocable trust for single-property situations. However, if you own property in multiple states or have complex estate planning needs, a trust may be a better fit.

Not every property type qualifies in every state. Some states restrict TOD deeds to certain types of real property or require specific forms. This tool checks your state's rules and helps you decide whether a TOD deed is the right approach.

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