Free Transfer on Death Deed Template – Avoid Probate

There is a way to pass your home to your children without a will, without a trust, and without probate, and most homeowners have never heard of it. It is called a transfer on death deed (also known as a TOD deed or beneficiary deed). You sign and record it now, keep full control of your property while you’re alive, and when you pass away the home transfers automatically to the person you named. No court, no probate, no delay.

This guide explains how a transfer on death deed works, which states allow it (New York joined the list in 2024, so older articles will steer you wrong), how it compares to a living trust, and how to fill out and record the free template below. Used correctly, it is one of the simplest estate-planning gifts you can leave your family.

What Is a Transfer on Death Deed?

A transfer on death deed is a recorded document that names a beneficiary to receive your real estate when you die. It works like a payable-on-death designation on a bank account, but for your house. The key feature: it is revocable and takes effect only at death. While you’re alive, you keep complete ownership; you can sell the property, mortgage it, rent it, or revoke the deed entirely, all without the beneficiary’s permission or knowledge.

Because the transfer happens automatically through the recorded deed, the property never enters probate. Your beneficiary records your death certificate and a short affidavit, and the title is theirs. For a single-property estate, that can save months of court time and thousands in fees; our probate cost estimator shows what you are skipping.

Which States Allow Transfer on Death Deeds? (2026)

TOD deeds are not available everywhere. Roughly 30 states plus D.C. authorize them, many through the Uniform Real Property Transfer on Death Act, and the list keeps growing. Here are the rules in the biggest TOD states, with each state’s own law linked, plus the major holdouts:

Before you rely on a TOD deed, confirm your state allows it and pull your state’s statutory form. If your state does not authorize them, the deed is void and the property still goes through probate; the checklist in the download includes the state-check step.

TOD Deed vs. Living Trust vs. Will

A TOD deed shines when real estate is your main probate concern and the rest of your estate is simple. If you own multiple properties, have a blended family, or want to control how and when heirs receive assets, a living trust is the stronger tool. Many homeowners use a TOD deed alongside a simple will that names guardians and handles everything else.

How a Transfer on Death Deed Works: Step by Step

Step 1: Confirm your state allows it

Check the table above and your state’s statute, and note the form requirements. Several states publish a statutory form (California’s deed must substantially follow the §5642 form), and using the state’s version is always the safest route.

Step 2: Identify the property and beneficiary

You need the property’s exact legal description (from your current deed, not the street address) and the full legal name of each beneficiary. You can name more than one, and you can name a contingent beneficiary in case your first choice dies before you.

Step 3: Complete the deed

Fill in your name as the current owner, the legal description, and the beneficiary designation. The deed states that the transfer happens only at your death and that it is revocable.

Step 4: Sign before a notary (and witnesses, where required)

Every TOD state requires notarization. California and New York also require two witnesses present at the same time, and in California a beneficiary who serves as a witness creates a legal presumption that the deed was procured by undue influence. Use neutral witnesses.

Step 5: Record it, on the clock

This is the step people miss: a TOD deed only works if it is recorded with the county recorder before you die, and California adds a harder deadline: the deed is void unless recorded within 60 days after the date it was notarized. Record it in the county where the property sits, pay the small recording fee, and keep a stamped copy with your estate papers.

How Your Beneficiary Claims the Property (and How You Undo It)

Claiming: when you pass away, your beneficiary doesn’t go to court. They obtain a certified death certificate, complete a short affidavit (often called an affidavit of death or survivorship), and record both with the same county recorder. Once recorded, the property is legally theirs; the process is administrative, not judicial. If no TOD deed was recorded and there is no will, the family is instead left proving who inherits with an affidavit of heirship, which is exactly the scramble this deed prevents.

Revoking: because it is fully revocable, you can change your mind anytime while you’re alive, three ways:

• Record a revocation. File a formal revocation form with the county.
• Record a new TOD deed. A later recorded TOD deed supersedes an earlier one.
• Sell or transfer the property. If you no longer own it at death, the deed has nothing to transfer.

Note that writing a new will does not revoke a recorded TOD deed; the recorded deed controls. To change the beneficiary, record a new deed or a revocation.

Copy-Paste Transfer on Death Deed Template

One honest caveat before the template: deeds are the least forgiving documents on this site, and several states prescribe statutory TOD forms (California’s is in Probate Code §5642; New York’s requirements are in RPL §424). Where your state publishes a form, use the state’s form. The generic template below shows the standard structure, matches the downloadable PDF and DOCX above, and works as a preparation worksheet everywhere.

How to Fill Out the Template

1. State check. Confirm your state allows TOD/beneficiary deeds and pull the statutory form if one exists.
2. Owner and property. Enter your full legal name and copy the legal description exactly from your current deed.
3. Beneficiary. Name your primary beneficiary, and a contingent beneficiary as a backup.
4. Sign, notarize, witness. Sign before a notary; add two neutral witnesses if your state requires them (California, New York). Never use the beneficiary as a witness.
5. Record on time. File the deed with the county recorder where the property is located: before death everywhere, and within 60 days of notarization in California. Keep the stamped copy with your estate documents.

Because real estate is usually a family’s most valuable asset, many homeowners complete the template and have an estate attorney or online legal service confirm the deed meets their state’s requirements before recording.

TOD Deeds, Mortgages, Medicaid, and Taxes

A TOD deed is simple, but a few real-world issues are worth understanding before you rely on one:

• Mortgages pass with the property. A TOD deed transfers the home subject to any mortgage or lien. Your beneficiary inherits the debt along with the house and must keep paying it.
• Medicaid estate recovery. In many states, a home that passes by TOD deed can still be reached by Medicaid estate recovery for long-term-care costs, and New York’s new statute expressly keeps the property reachable for estate claims in some circumstances. A TOD deed avoids probate; it does not automatically shield the property. Ask an elder-law attorney if this applies to you.
• Step-up in basis is preserved. Because the transfer happens at death, your beneficiary generally receives a “stepped-up” cost basis to the home’s value on your date of death, which can dramatically reduce capital-gains tax on a later sale. (The step-up is the reset of the home’s tax cost to its date-of-death value.)
• No gift tax now. Since you keep ownership until death, signing a TOD deed is not a taxable gift while you’re alive.

These trade-offs are why a TOD deed is excellent for simple estates but not a substitute for full planning when Medicaid, creditors, or multiple heirs are in play.

Common Mistakes to Avoid

• Not recording the deed, or recording it late. Unrecorded, it is worthless; in California, recording more than 60 days after notarization voids it.
• Using it in a state that doesn’t allow it. The deed is void; confirm first (Florida and Michigan families need a different tool).
• Trusting an old state list. New York’s TOD deed only exists as of July 2024; guides written earlier get it wrong in both directions.
• Using the street address instead of the legal description. The deed needs the exact legal description from your current deed.
• Letting the beneficiary witness the signing. In California that creates a presumption of undue influence that can sink the deed.
• Forgetting a contingent beneficiary. If your only beneficiary dies first, the property may fall back into probate.
• Assuming a will overrides it. The recorded deed controls; update the deed, not only the will.
• Naming a minor outright. A minor can’t manage title; use a custodian or trust arrangement instead.

When to Talk to a Lawyer

A TOD deed is ideal for a straightforward situation: one home, a clear beneficiary, a simple estate. Talk to an estate-planning attorney if you have a blended family, want to leave the property to multiple heirs in shares, have a beneficiary with creditors or special needs, expect Medicaid to be part of your future, or own property in several states. The template gets the deed drafted; an attorney’s review makes sure it fits your family. Either way, the hour you spend on this now is an hour your children won’t spend in a courthouse later.

Frequently Asked Questions

Does a transfer on death deed avoid probate?

Yes. When you die, the property passes automatically to your named beneficiary, who records your death certificate and a short affidavit with the county. The home never enters probate, which can save months of court time and significant fees for a single-property estate.

Can I sell my house after signing a TOD deed?

Yes. A transfer on death deed gives the beneficiary no rights while you’re alive. You keep full control and can sell, mortgage, rent, or revoke the deed without the beneficiary’s consent. The deed only takes effect at your death, and only if you still own the property.

Which states do not allow transfer on death deeds?

About 30 states plus D.C. allow them, but Florida and Michigan (among a handful of others) do not; families there use an enhanced life estate (“Lady Bird”) deed or a living trust instead. Note that New York moved off the no-list: TOD deeds have been valid there since July 19, 2024 under Real Property Law §424. Confirm your state’s current law before relying on one.

Does New York allow transfer on death deeds?

Yes, as of July 19, 2024. New York’s Real Property Law §424 authorizes TOD deeds signed before a notary and two witnesses who are present at the same time, and the deed must be recorded before the owner’s death. Older articles that say New York doesn’t allow TOD deeds are out of date.

When does a TOD deed have to be recorded?

Everywhere, before the owner’s death; an unrecorded TOD deed does nothing. California adds a stricter rule: the deed is void unless recorded within 60 days after the date it was notarized. Record it immediately after signing and keep the stamped copy.

Does a will override a transfer on death deed?

Usually not. A properly recorded TOD deed controls the property regardless of what a later will says. To change or cancel the deed, record a revocation or a new TOD deed; updating your will alone is not enough.

Can I name more than one beneficiary?

Yes. You can name multiple beneficiaries to take the property together, and a contingent beneficiary as a backup if your first choice dies before you. Be specific about the shares, and remember a minor can’t hold title outright.

Sarah Jenkins

Sarah Jenkins writes about family law and estate planning for ClearLegalTips. She focuses on making wills, trusts, divorce, and custody decisions understandable for everyday readers handling them without a lawyer.