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.
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. 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. 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. A free will covers those assets.
"Beneficiary deed" is the term some states (including Arizona, Colorado, and Missouri) use for what most other states call a "transfer on death deed" or "TOD deed." The document serves the same function regardless of name: it names a beneficiary to receive real property when the owner dies, without probate. Each state sets its own execution requirements — witness count, notarization, and recording rules vary. Select a state to see the correct term and rules.
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.
