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.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms 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.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Tools for Planning Your Estate
Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Find out if you can name a beneficiary on your vehicle title to skip probate.
What Does Estate Planning Actually Cost?
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Calculate your life insurance needs based on income, debts, and family situation.
Are My Beneficiary Designations Protected?
Check how divorce, creditors, and state laws affect your beneficiary designations.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
