Do I Need a Transfer on Death Deed?

Answer a few questions about the property to see whether a transfer on death deed (also called a beneficiary deed in some states) applies for avoiding probate on real estate.

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.

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. When a TOD deed isn't enough, SimplyTrust sets up a revocable trust online.

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 — for the property covered by the deed. A TOD deed names a beneficiary who receives the real property automatically at the owner's death, with no probate administration for that property. Title passes by operation of the recorded deed itself (Cal. Prob. Code § 5652 states the deed "transfers all of the transferor's interest in the property on the transferor's death"). Only the property named in the deed skips probate; other assets still follow their own transfer rules.

Forms for Planning Your Estate

Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

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Financial Power of Attorney

Name someone to manage your finances if you can't.

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Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.

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Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Living Will

State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with signing instructions from the statute.

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Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

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