Do I Need a Transfer on Death Deed in New Jersey?
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. New Jersey does not currently allow transfer on death deeds. New Jersey has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. TOD deeds for real estate are not authorized in NJ.
Because New Jersey does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship (N.J.S.A. 46:3-17, 46:3-17.1 — must be expressly declared in the deed), Tenancy by the entirety (married couples only, N.J.S.A. 46:3-17.2, 46:3-17.5), Life estate deed (reserving life estate with remainder to beneficiary). Compare your options with the trust vs. will comparison.
Without a TOD deed option, real property in New Jersey typically passes through probate unless held in a trust or with joint tenancy. Use the New Jersey probate calculator to estimate what that would cost.
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New Jersey Estate Planning Resources
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.
