# Free Transfer on Death Deed Template – Avoid Probate

- Link: https://clearlegaltips.com/transfer-on-death-deed-template-2026/
- Published: 2026-06-04T11:00:00-04:00
- Author: ClearLegalTips

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## Download This Resource

Get the fillable deed, the editable version, and an action checklist:

[📄Fillable PDFPrint & complete](https://clearlegaltips.com/wp-content/uploads/2026/07/tod-deed-document.pdf)
[📝Editable DOCXFill in your details](https://clearlegaltips.com/wp-content/uploads/2026/07/tod-deed-document.docx)
[✅Action ChecklistStep-by-step PDF](https://clearlegaltips.com/wp-content/uploads/2026/07/tod-deed-checklist.pdf)

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 a transfer on death deed is and how it avoids probate](https://i0.wp.com/
clearlegaltips.com/wp-content/uploads/2026/06/tod-deed-01-what-is.jpg?w=1290&ssl
=1)

**The short version (2026):**

 * **A TOD deed is a beneficiary designation for your house:** revocable anytime,
   invisible to the beneficiary while you live, automatic at your death, and the
   property never enters probate.
 * **More than 30 states plus D.C. allow it, and the list moved:** [New York adopted TOD deeds effective July 19, 2024](https://www.nysenate.gov/legislation/laws/RPP/424).
   Florida and Michigan still don’t have them (families there use a “Lady Bird” 
   deed or a trust instead).
 * **Recording is everything, and California has a trap:** everywhere, the deed 
   must be recorded before you die; in California it is void unless recorded **within
   60 days after notarization** ([Prob. Code §5642](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=5642.)).
 * **California and New York both require two witnesses** plus the notary, and your
   state’s statutory form is the safest version to sign.

## 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](https://clearlegaltips.com/probate-cost-estimator/)
shows what you are skipping.

## Which States Allow Transfer on Death Deeds? (2026)

![Which states allow transfer on death deeds in 2026](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/06/tod-deed-02-states-allowed.jpg?w=1290&ssl=1)

TOD deeds are not available everywhere. More than 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:

  |  State |  Allowed? |  Signing rules |  The detail that trips people up |  
   |  [California](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=5642.) |  Yes (revocable TOD deed) |  Statutory form; notary **plus two witnesses present at the same time** |  Void unless recorded **within 60 days after notarization**; a beneficiary who acts as witness triggers a presumption of undue influence |  
 |  [Texas](https://statutes.capitol.texas.gov/Docs/ES/htm/ES.114.htm) |  Yes (since 2015, Estates Code ch. 114) |  Notarized; no witnesses required |  Must be recorded **before death** in the county where the property sits |  
 |  [New York](https://www.nysenate.gov/legislation/laws/RPP/424) |  **Yes, NEW: effective July 19, 2024** (RPL §424) |  Notary **plus two witnesses present at the same time** |  Must be recorded before death; older guides still say New York doesn’t allow TOD deeds |  
 |  Florida |  **No** |  Not available |  Floridians use an enhanced life estate (“Lady Bird”) deed or a living trust instead |  
 |  Michigan |  **No statute** |  Not available |  Lady Bird deeds are the customary work-around |

**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

![Transfer on death deed versus living trust versus will](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/06/tod-deed-06-vs-trust.jpg?w=1290&ssl=1)

  |   |  TOD Deed |  Living Trust |  Will |  
   |  **Avoids probate?** |  Yes (for that property) |  Yes (for funded assets) |  No |  
 |  **Cost & complexity** |  Low; one deed |  Higher; trust plus funding |  Low to draft |  
 |  **Covers multiple asset types?** |  Real estate only |  Yes (all assets) |  Yes |  
 |  **Control while alive** |  Full; revocable anytime |  Full; you’re the trustee |  Full |  
 |  **Best for** |  One or two properties, simple estate |  Larger or multi-asset estates |  Naming guardians, everything else |

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](https://clearlegaltips.com/living-trust-template-revocable/)
is the stronger tool. Many homeowners use a TOD deed alongside a simple [will](https://clearlegaltips.com/free-last-will-and-testament-template/)
that names guardians and handles everything else.

## How a Transfer on Death Deed Works: Step by Step

![How a transfer on death deed works step by step](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/06/tod-deed-03-how-it-works.jpg?w=1290&ssl=1)

### 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)

![How a beneficiary claims property under a TOD deed and how the owner revokes one](
https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/06/tod-deed-07-claim-
revoke.jpg?w=1290&ssl=1)

**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](https://clearlegaltips.com/affidavit-of-heirship-template-2026/),
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

![Copy-paste transfer on death deed template with bracketed fields](https://i0.wp.
com/clearlegaltips.com/wp-content/uploads/2026/06/tod-deed-08-template.jpg?w=1290&
ssl=1)

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.

**REVOCABLE TRANSFER ON DEATH DEED**

_Recording requested by and after recording return to: [YOUR NAME AND ADDRESS]_

**1. Owner (Transferor).** I, **[YOUR FULL LEGAL NAME]**, [marital status], owner
of the property described below, residing at [ADDRESS].

**2. The Property.** The real property located at [STREET ADDRESS], in the County
of [COUNTY], State of [STATE], legally described as: **[FULL LEGAL DESCRIPTION FROM
YOUR CURRENT DEED]**. Assessor’s parcel number: [APN].

**3. Beneficiary Designation.** On my death, I transfer my interest in the Property
to **[BENEFICIARY’S FULL LEGAL NAME]**, of [ADDRESS] (“Beneficiary”). [OPTIONAL:
If the Beneficiary does not survive me, I transfer my interest to **[CONTINGENT 
BENEFICIARY’S FULL LEGAL NAME]**, of [ADDRESS].] [If naming multiple beneficiaries:
in equal shares as [tenants in common / joint tenants].]

**4. Effect Before Death.** This deed transfers nothing during my life. I keep full
ownership and the rights to sell, mortgage, lease, or otherwise deal with the Property,
and I may revoke this deed at any time. The Beneficiary has no rights in the Property,
and no consent of the Beneficiary is required, before my death.

**5. Effect at Death.** At my death, the Beneficiary takes the Property subject 
to all mortgages, liens, and encumbrances of record.

**6. Revocability.** This transfer on death deed is revocable, even if this deed
or another instrument states otherwise.

Signed on [DATE] at [CITY, STATE].

Owner’s signature: ______________________ [PRINTED NAME]

**WITNESSES [required in California, New York, and some other states]:** We were
both present at the same time and watched the owner sign or acknowledge this deed.
Neither of us is a beneficiary of it.

Witness 1: ______________________ Name: [NAME] Date: [DATE]
Witness 2: ______________________
Name: [NAME] Date: [DATE]

_[NOTARY ACKNOWLEDGMENT: Sworn to and acknowledged before me on [DATE]. Notary Public:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
My commission expires: [DATE] [SEAL]]_

_RECORD this deed with the county recorder where the property is located BEFORE 
the owner’s death; in California, no later than 60 days after notarization._

Want a transfer on death deed that meets your state’s exact requirements? LawDepot
builds a state-specific, ready-to-record beneficiary deed in minutes.

[Build Your TOD Deed with LawDepot →](https://clearlegaltips.com/go/lawdepot-transfer-on-death-deed)

## How to Fill Out the Template

![How to fill out and record a transfer on death deed](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/06/tod-deed-04-how-to-fill.jpg?w=1290&ssl=1)

 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

![Transfer on death deeds and mortgages, Medicaid estate recovery, and the step-
up in basis](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/06/tod-
deed-09-medicaid-taxes.jpg?w=1290&ssl=1)

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

![When to consult an estate attorney about a transfer on death deed](https://i0.
wp.com/clearlegaltips.com/wp-content/uploads/2026/06/tod-deed-05-when-lawyer.jpg?
w=1290&ssl=1)

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

![Transfer on death deed FAQ: states, recording deadlines, and revocation](https://
i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/06/tod-deed-10-faq.jpg?w=1290&
ssl=1)

### 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?

More than 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.

Protect your family from a costly probate. Generate your transfer on death deed 
with LawDepot today, then sign, notarize, and record it.

[Get Started with LawDepot →](https://clearlegaltips.com/go/lawdepot-transfer-on-death-deed)

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is not a law firm and does not provide legal representation. Laws vary by state 
and change over time. For guidance on your specific situation, consult a licensed
attorney in your jurisdiction.

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