Which States Allow Transfer-on-Death Deeds? (2026)
Where you can leave a house to someone with a transfer-on-death (beneficiary) deed and skip probate.
| State | The rule |
|---|---|
| Alabama | Alabama has not adopted a transfer-on-death (beneficiary) deed for real estate; the Code of Alabama contains no such statute. Real estate generally passes by will, intestacy, survivorship ownership or a trust. Code of Alabama (no transfer-on-death deed statute) |
| Alaska | Yes. An owner can transfer real estate at death by a transfer-on-death deed. The owner needs the same capacity as for a will. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, not name beneficiaries only as a class, and be recorded before the owner's death in the recording district where the property is located. Notice to or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument. AS 13.48.010-13.48.070 |
| Arizona | Yes. Arizona allows a beneficiary deed that names who receives the property when the owner dies. It must expressly say it takes effect on the owner's death, and it is valid only if signed and recorded with the county recorder where the property is located before the owner's death. It can be revoked by a recorded revocation before death. Joint owners with survivorship rights can use one that takes effect at the last owner's death. A.R.S. § 33-405 |
| Arkansas | Yes, Arkansas allows a beneficiary deed. The owner signs a deed naming one or more grantees to receive the property at death; it must be recorded with the county recorder where the property is located before the owner dies (for co-owners, it takes effect at the last owner's death). No consideration is needed and the beneficiary gets no interest until death. The owner can revoke it by a recorded revocation before death, but not by a will. The beneficiary takes subject to existing mortgages, liens and leases. The statute includes a model form. Ark. Code Ann. § 18-12-608 |
| California | Yes. A revocable transfer on death deed can pass residential property to named beneficiaries at death. It must be signed and dated by the owner, signed by two witnesses who were present at the same time, notarized, and recorded with the county recorder within 60 days after it was notarized. It does not need to be delivered to or accepted by the beneficiary during the owner's life. The law sets out the form to use (Prob. Code § 5642). Cal. Prob. Code §§ 5600, 5624, 5626, 5642 |
| Colorado | Yes, called a beneficiary deed. The owner signs a deed naming a grantee-beneficiary that says it 'conveys on death' or 'transfers on death' (or otherwise shows it takes effect at death) and records it with the county clerk and recorder before the owner dies. The beneficiary has no rights during the owner's life, and the owner can revoke or change it by recording a new instrument (not by will). The statute provides a form. C.R.S. §§ 15-15-402, 15-15-404, 15-15-405, 15-15-406 |
| Connecticut | Connecticut's statutes do not provide a transfer on death deed for real estate. Connecticut law allows transfer on death registration for securities and accounts. Common alternatives for real estate include joint ownership with right of survivorship and a living trust. Conn. Gen. Stat. Chapter 802b (Uniform Transfer on Death Security Registration Act) |
| Delaware | Yes. An owner may transfer real estate to one or more beneficiaries at death with a transfer on death deed. The owner needs the same mental capacity as for a will. The deed must have all the formalities of a recordable deed with notarized signatures, be witnessed by 2 people (at least one not a beneficiary), state that the transfer happens at the owner's death, and be recorded with the county recorder of deeds before the owner dies. It can be revoked by a later recorded instrument, not by tearing it up. The statute includes an optional form. 25 Del. C. §§ 205, 208, 209, 211, 216 |
| District of Columbia | Yes. An owner with the capacity needed to make a will may sign a transfer on death deed. It must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Office of the Recorder of Deeds before the owner dies. D.C. Code §§ 19-604.08, 19-604.09 |
| Hawaii | Yes. Hawaii's Uniform Real Property Transfer on Death Act allows a transfer on death deed. The owner must have the same capacity as needed to make a will; the deed must have the formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the Bureau of Conveyances (or filed with the Land Court assistant registrar, for Land Court property) before the owner's death. Notice to, delivery to, or acceptance by the beneficiary is not required, and the deed can be revoked by a later recorded instrument (not by tearing it up). Haw. Rev. Stat. ch. 527 (§§ 527-8, 527-9, 527-10, 527-11) |
| Idaho | Idaho has not adopted a transfer-on-death deed for real estate. A 2026 bill to adopt the Uniform Real Property Transfer on Death Act (S1399) was referred to committee and did not become law. Common alternatives include joint tenancy or community property with right of survivorship and living trusts. Idaho Legislature, 2026 Senate Bill 1399 |
| Illinois | Yes. Illinois allows a transfer on death instrument for real estate. It must have the formalities of a recordable deed (consideration and beneficiary addresses not required), state that the transfer occurs at the owner's death, be signed by the owner, be attested in writing by at least two credible witnesses, be acknowledged before a notary along with the witnesses' signatures, and be recorded with the county recorder before the owner's death. A transfer on death instrument that is not witnessed by two credible witnesses is void. 755 ILCS 27/40, 27/45 (Real Property Transfer on Death Instrument Act) |
| Indiana | Yes. A transfer on death deed must be signed by the owner (or the owner's legal representative) and recorded with the county recorder in the county where the land is located before the owner dies, with the county auditor's endorsement; an unrecorded deed is void. No consideration or delivery to the beneficiary is required. IC 32-17-14-11 |
| Iowa | Iowa law does not provide for a transfer-on-death deed for real estate. Bills to adopt one (for example House File 125 in 2025) were introduced but not enacted. Common alternatives include joint tenancy with right of survivorship and living trusts. Iowa Legislature, 91st General Assembly, House File 125 |
| Kansas | Yes. An owner can sign a transfer-on-death (TOD) deed naming one or more beneficiaries. It must be signed, acknowledged before a notary and recorded with the register of deeds in the county where the property is located before the owner's death; the statute provides the form wording. The beneficiary does not need to be told or consent, and the deed can be revoked or changed by a later recorded instrument, but not by a will. On death, title vests in the beneficiary subject to existing mortgages, liens and any state Medicaid claim. K.S.A. 59-3501 to 59-3504 |
| Maine | Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked. 18-C M.R.S. §§ 6-406, 6-408, 6-409 |
| Maryland | Yes, under the new Maryland Transfer-on-Death Deed Act, which takes effect October 1, 2026. An owner may transfer real property to one or more beneficiaries effective at death. The deed must meet the normal deed requirements (signed and acknowledged), must state that the transfer occurs at the transferor's death, and must be recorded in the land records of the county where the property is located before the owner dies. No notice to, delivery to, acceptance by or payment from the beneficiary is needed. The owner needs the same mental capacity as for a will, and the deed can be revoked by a later recorded deed or recorded revocation. Md. Code, Real Property §§ 14-1001 to 14-1014, added by 2026 Md. Laws ch. 750 (SB 651) and ch. 751 (HB 738) |
| Minnesota | Yes. A transfer on death deed must meet the requirements of a Minnesota deed (signed and acknowledged) and must be recorded before the owner's death in a county where the property is located. It is revocable, cannot be revoked by a will, and does not require delivery to or consent of the beneficiary. A statutory form is provided. Minn. Stat. § 507.071 |
| Mississippi | Yes. An individual may transfer real property at death to one or more beneficiaries by a transfer-on-death deed. The owner must have the same capacity needed to make a contract. The deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the owner's death, be acknowledged before a notary like other deeds (will formalities are not required), and be recorded before the owner's death with the chancery clerk of the county where the property is located. A TOD deed is not a will. Miss. Code Ann. §§ 91-27-9, 91-27-11, 91-27-13, 91-27-15, 91-27-17 |
| Missouri | Yes (beneficiary deed). The deed must expressly state that it does not take effect until the owner's death and must be executed and recorded with the recorder of deeds in the county where the property is located before the owner's death. No consideration or delivery to the beneficiary is required. A beneficiary designation may be revoked or changed during the owner's lifetime, but not by will unless the designation expressly allows it. RSMo §§ 461.025, 461.033 |
| Montana | Yes, under the Uniform Real Property Transfer on Death Act. The deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the county clerk and recorder where the land is located before the owner dies. The owner needs the same mental capacity as for a will. Notice to, acceptance by, or payment from the beneficiary is not required. Mont. Code Ann. §§ 72-6-401 to 72-6-418 (esp. 72-6-407, 72-6-408) |
| Nebraska | Yes. A transfer on death deed must be signed by the owner and witnessed by two or more disinterested witnesses, with all signatures made before a notary or other officer using the statutory form. It must have the elements of a recordable deed, state that the transfer happens at death, include the statutory warnings (inheritance tax, Medicaid and creditor liability; deeds made after September 3, 2025 need an added property-insurance warning), and be recorded with the county register of deeds within 30 days after signing and before the owner's death. The owner needs the same capacity as for a will. Neb. Rev. Stat. §§ 76-3405, 76-3408, 76-3409, 76-3410 |
| Nevada | Yes, a "deed upon death". An owner may sign a deed that passes real property to one or more beneficiaries at death. It is valid only if executed and recorded with the county recorder before the owner's death. No notice to, delivery to, or payment by the beneficiary is needed, and the owner keeps full rights during life (including to sell or mortgage). The statute provides a form, a revocation form and a Death of Grantor Affidavit. NRS 111.655 to 111.699 (incl. 111.671, 111.681, 111.683, 111.685, 111.695, 111.699) |
| New Hampshire | Yes, for deeds made on or after July 1, 2024 (Uniform Real Property Transfer on Death Act). The deed must meet normal deed requirements (signed and acknowledged), be titled "Transfer on Death Deed," state that the transfer happens at the owner's death, and be recorded in the registry of deeds for each county where the land lies before the owner dies and within 60 days after signing. The owner needs the same mental capacity as for a will. It can be revoked only by a later recorded instrument, not by a will. After the owner dies, the beneficiaries must record a notarized notice of death affidavit within 60 days (this filing is not a condition of the transfer). N.H. RSA 563-D:3, 563-D:8, 563-D:9, 563-D:11, 563-D:22 |
| New Mexico | Yes. A transfer on death deed must contain the elements and formalities of a properly recordable deed, state that the transfer to the beneficiary happens at the owner's death, and be recorded with the county clerk where the property is located before the owner's death. NMSA 1978, § 45-6-409 |
| New York | Yes. An owner with the capacity needed to make a will may sign a transfer on death deed naming one or more beneficiaries. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, be signed in front of two witnesses present at the same time, be acknowledged before a notary, and be recorded in the county clerk's office before the owner's death. It can be revoked only by a later recorded instrument (not by destroying it). The statute includes optional forms for the deed and a revocation. N.Y. Real Prop. Law § 424 |
| North Carolina | No. North Carolina has not enacted a transfer on death deed for real estate; the Wills chapter contains no TOD deed article. Bills to adopt the Uniform Real Property Transfer on Death Act have been introduced but not enacted. N.C. Gen. Stat. Chapter 31 (article list) |
| North Dakota | Yes. Under the Uniform Real Property Transfer on Death Act, an individual with the capacity to make a will may transfer real property to beneficiaries effective at death. The deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, use the phrase "transfer on death deed" or "TOD" in its title, and be recorded before the owner's death with the county recorder where the property is located. It is revocable, and notice, delivery, acceptance or consideration is not required. An auditor's certificate of transfer and a statement of full consideration are not required to record it. N.D. Cent. Code §§ 30.1-32.1-02 to 30.1-32.1-07 |
| Ohio | Yes. An owner of real property may sign a transfer on death designation affidavit naming one or more beneficiaries; a married owner's spouse also signs. The affidavit must be sworn before a person authorized to administer oaths and must be recorded with the county recorder where the property is located before the owner's death. It does not need delivery to, or consideration from, the beneficiaries. Ohio Rev. Code 5302.22 |
| Oklahoma | Yes, under the Nontestamentary Transfer of Property Act. The owner must sign, acknowledge and record the transfer-on-death deed with the county clerk where the property is located before death; the statutory form includes two witnesses and a notary acknowledgment. No consideration and no notice to or consent of the beneficiary is needed, and the deed can be revoked or changed only by recording a revocation or a later TOD deed (not by a will). After the owner's death, each beneficiary must sign an affidavit (with a copy of the death certificate attached) and record it with the county clerk within nine months of the death, or the interest reverts to the owner's estate. 58 O.S. §§ 1251-1258 (esp. §§ 1252, 1253, 1254) |
| Oregon | Yes. Oregon has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, name the beneficiary (a class designation alone is void), and be recorded before the owner's death in the deed records of the county clerk where the property is located. It requires the same capacity as a will, needs no notice to or acceptance by the beneficiary, and is revocable. A challenge based on capacity, fraud, duress or undue influence must be brought within 18 months after death. ORS 93.948 to 93.985 (esp. ORS 93.955, 93.959, 93.961, 93.965) |
| Pennsylvania | No. Pennsylvania has not adopted a transfer on death deed for real estate. Its transfer on death law covers securities and security accounts registered in beneficiary form. 20 Pa.C.S. Ch. 64 |
| Rhode Island | Rhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws. R.I. Gen. Laws Title 33 (chapter index) |
| South Carolina | South Carolina law does not provide a transfer-on-death or beneficiary deed for real estate. Transfer-on-death designations are allowed for titled personal property such as vehicles, mobile homes and watercraft, and payable-on-death designations for bank accounts. S.C. Code Title 62, Article 6 (§§ 62-6-101, 62-6-401) |
| South Dakota | Yes. South Dakota has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the register of deeds in the county where the property is located before the owner dies. Notice, delivery, acceptance and consideration are not required, and the deed is revocable, but only by a later recorded instrument (a new transfer on death deed, a revocation, or a deed that expressly revokes it) that is acknowledged and recorded before death. After death, the beneficiary records a sworn affidavit of confirmation with the register of deeds, with a certified death certificate and a statement that the Department of Social Services was notified of the death. The statute includes optional forms for the deed, revocation and affidavit of confirmation. SDCL 29A-6-401 to 29A-6-435 (esp. 29A-6-408, 29A-6-410, 29A-6-427, 29A-6-430) |
| Tennessee | No. Tennessee has no statute authorizing a transfer on death (beneficiary) deed for real estate. A 2026 bill to create one (HB1793/SB2029) was not enacted. Real estate can pass outside probate through other arrangements, such as a survivorship deed or a trust. Tenn. Gen. Assembly, HB1793/SB2029 (114th General Assembly) |
| Texas | Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required. Tex. Estates Code §§ 114.051-114.057 |
| Utah | Yes, under the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded before the owner's death in the county recorder's office where the property is located. It requires the same capacity as a will, needs no notice to, delivery to or acceptance by the beneficiary and no consideration, and cannot name a class of beneficiaries. It is revocable only by a later recorded and acknowledged instrument (not by a will or by destroying the deed). The statute includes an optional form. Utah Code §§ 75-6-401 to 75-6-416 (esp. §§ 75-6-405, 75-6-408, 75-6-409, 75-6-410, 75-6-411, 75-6-416) |
| Vermont | Vermont does not have a transfer on death deed statute. Instead, it recognizes the enhanced life estate deed: the owner keeps a life estate and the right to sell or mortgage the property during life without the grantee's consent, and the property vests in the surviving grantee at death, subject to recorded encumbrances. The deed must be validly executed and recorded to take effect; no acceptance or consideration is needed. It can be revoked by recording a deed from the owner to themself, or revised by recording a new enhanced life estate deed. The statute includes an optional form, and the recorded deed is subject to the property transfer tax. 27 V.S.A. §§ 651-660 |
| Virginia | Yes. Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, be recorded before the owner's death in the land records of the circuit court clerk where the property is located, and meet the general recording requirements; if the property is owned jointly, all joint owners must sign. It requires the same capacity as a will, is revocable, and is exempt from recordation tax unless given for consideration. The beneficiary takes subject to existing mortgages and liens; divorce or annulment revokes a transfer to the former spouse unless the deed says otherwise. The statute includes optional forms for the deed and for revocation. Va. Code § 64.2-621 to § 64.2-638 (esp. §§ 64.2-627, 64.2-628, 64.2-632, 64.2-635) |
| Washington | Yes. Washington has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded with the county auditor where the property is located before the owner dies. It requires the same mental capacity as a will, needs no notice to, delivery to, or acceptance by the beneficiary, and needs no consideration. It is revocable, but only by a later recorded instrument (such as a revocation or a new deed) that is acknowledged and recorded before death. The beneficiary takes subject to existing liens and may be liable for allowed claims against the estate. RCW 64.80.010 to 64.80.904 (esp. RCW 64.80.050, 64.80.060, 64.80.070, 64.80.080, 64.80.120) |
| West Virginia | Yes. West Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the transferor's death, and be recorded before the transferor's death in the office of the clerk of the county commission where the property is located. The transferor needs the same capacity as for a will. Recording it is exempt from the real estate transfer excise tax because no interest passes until death and the deed remains revocable. W. Va. Code § 36-12-8; § 36-12-9 |
| Wisconsin | Yes. An owner may designate a 'TOD beneficiary' for real property in a document that names the owner(s) and beneficiary and states that the transfer is effective only at death; for marital property, both spouses must sign. The document must be recorded with the register of deeds in the county where the property is located before the owner's death (or the last owner's death). It has no effect on ownership during life and may be revoked by a later recorded and acknowledged instrument. It requires the same mental capacity as a will. Claims to recover the property from the beneficiary are generally barred unless an action is filed, and a lis pendens recorded, within 120 days after death. Wis. Stat. § 705.15 |
| Wyoming | Yes. A deed that names a grantee beneficiary and expressly states it is effective on the owner's death transfers the owner's interest at death, subject to existing mortgages, liens and other encumbrances. It is valid only if executed and recorded in the office of the county clerk where the property is located before the owner's death. No notice to or consent of the beneficiary is needed, it may name successor beneficiaries, it can be revoked only by a recorded revocation (not by a will), and the last one recorded before death controls. After death, ownership is shown by recording an affidavit under W.S. 34-11-101 together with a certificate of clearance from the Wyoming Department of Health stating that any Medicaid claims are satisfied or do not exist. The statute provides forms for the deed and for revocation. W.S. 2-18-101 to 2-18-106 (esp. W.S. 2-18-103, 2-18-104, 2-18-105) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.