Do I Need a Transfer on Death Deed in Massachusetts?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. Massachusetts does not currently allow transfer on death deeds. Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI authorizes nonprobate transfers on death only for securities and accounts held in beneficiary form (M.G.L. c. 190B, s. 6-101 et seq.; s. 6-309), not for real estate.

Because Massachusetts does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship, Tenancy by the entirety (married couples), Life estate deed. Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Massachusetts typically passes through probate unless held in a trust or with joint tenancy. Use the Massachusetts probate calculator to estimate what that would cost.

TOD Deeds in Massachusetts

Massachusetts does not currently allow transfer on death deeds (No). Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI authorizes nonprobate transfers on death only for securities and accounts held in beneficiary form (M.G.L. c. 190B, s. 6-101 et seq.; s. 6-309), not for real estate. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Massachusetts is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $25,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Massachusetts families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

M.G.L. c. 190B §§ 1-307

Data sourced from Massachusetts statutes and official state code. How we research.

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