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.
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, Part 3 (M.G.L. c. 190B, s. 6-301 to s. 6-311) reaches only securities and security accounts registered in beneficiary form. Section 6-101 makes a nonprobate transfer provision inside an insurance policy, account agreement, trust, or similar written instrument nontestamentary, but it creates no recordable deed naming a death beneficiary 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.
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Massachusetts Estate Planning Resources
In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.