Guide · Property and digital
Transfer on death deeds
A TOD deed lets a homeowner name a beneficiary for real estate that bypasses probate at death. Which states allow it, and how.
A transfer on death deed is a recorded document that names a beneficiary to inherit real estate automatically at the owner's death, bypassing probate. About thirty states recognize TOD deeds. After death, the beneficiary records the death certificate with the county recorder to complete the transfer.
Step by step
Confirm the state allows TOD deeds
About thirty states recognize transfer on death deeds. The Uniform Real Property Transfer on Death Act lists the participating states.
Check whether one was recorded
Search the county recorder's office for a TOD deed in the deceased's name. If one was recorded before death, the beneficiary inherits the property automatically.
Beneficiary files the death certificate
The named beneficiary records a certified death certificate, plus any required affidavit of survivorship, with the same county recorder.
Update the title insurance
Open a new title insurance policy in the beneficiary's name. Most lenders ask for one before refinancing.
Address mortgage if any
The federal Garn-St. Germain Act prevents the lender from calling the loan due when a relative inherits an owner-occupied home. Notify the lender in writing.
Common questions
Can a TOD deed be revoked?
Yes. The owner can revoke or replace a TOD deed at any time before death by recording a revocation or a new deed.
Does the beneficiary inherit the mortgage?
Yes. The beneficiary takes the property subject to any existing mortgage. The lender cannot call the loan due solely because of the death in most cases.