Data asset
Transfer on death deed by state
Every US state that lets you pass real estate to a beneficiary without probate. Form name, statute, and recording fee for each.
29 US states plus DC recognize transfer on death deeds. The owner records the deed with the county recorder during life for a fee of about $25-$200. At death, title passes to the named beneficiary automatically, bypassing probate. The deed stays revocable until the owner dies.
States that recognize TOD deeds
| State | Form name | Statute | Recording fee |
|---|---|---|---|
| Alaska | Transfer on Death Deed | AS 13.48.010 | $30 |
| Arizona | Beneficiary Deed | A.R.S. § 33-405 | $30 |
| Arkansas | Beneficiary Deed | A.C.A. § 18-12-608 | $30 |
| California | Transfer on Death Deed | Cal. Prob. Code § 5600 | $25 |
| Colorado | Beneficiary Deed | C.R.S. § 15-15-401 | $43 |
| Hawaii | Transfer on Death Deed | H.R.S. § 527-1 | $41 |
| Illinois | Transfer on Death Instrument | 755 ILCS 27/ | $74 |
| Indiana | Transfer on Death Deed | Ind. Code § 32-17-14 | $30 |
| Kansas | Transfer-on-Death Deed | K.S.A. § 59-3501 | $30 |
| Maine | Transfer on Death Deed | 18-C M.R.S. § 6-401 | $30 |
| Minnesota | Transfer on Death Deed | Minn. Stat. § 507.071 | $46 |
| Mississippi | Transfer on Death Deed | Miss. Code § 91-27-1 | $30 |
| Missouri | Beneficiary Deed | R.S.Mo. § 461.025 | $30 |
| Montana | Transfer on Death Deed | Mont. Code § 72-6-401 | $30 |
| Nebraska | Transfer on Death Deed | Neb. Rev. Stat. § 76-3402 | $30 |
| Nevada | Deed Upon Death | N.R.S. § 111.655 | $30 |
| New Mexico | Transfer on Death Deed | N.M.S.A. § 45-6-401 | $30 |
| North Dakota | Transfer on Death Deed | N.D.C.C. § 30.1-32.1-01 | $30 |
| Ohio | Transfer on Death Designation Affidavit | O.R.C. § 5302.22 | $30 |
| Oklahoma | Transfer on Death Deed | 58 O.S. § 1252 | $30 |
| Oregon | Transfer on Death Deed | O.R.S. § 93.948 | $30 |
| South Dakota | Transfer on Death Deed | S.D.C.L. § 29A-6-403 | $30 |
| Texas | Transfer on Death Deed | Tex. Est. Code § 114.051 | $30 |
| Utah | Transfer on Death Deed | Utah Code § 75-6-401 | $30 |
| Virginia | Transfer on Death Deed | Va. Code § 64.2-621 | $32 |
| Washington | Transfer on Death Deed | R.C.W. § 64.80 | $204 |
| West Virginia | Transfer on Death Deed | W.Va. Code § 36-12-1 | $30 |
| Wisconsin | TOD Deed | Wis. Stat. § 705.15 | $30 |
| Wyoming | Transfer on Death Deed | Wyo. Stat. § 2-18-101 | $30 |
Recording fees are typical county rates. State surcharges and per-page fees may add cost.
States without TOD deeds
About 20 states — including New York, Florida, Pennsylvania, Georgia, New Jersey, and most of New England — do not have TOD deeds. In those states, use a revocable living trust, joint tenancy with right of survivorship, or a life estate deed to keep real property out of probate.
Related: Probate overview · Probate cost · Small estate affidavit
Common questions
What is a transfer on death deed?
A transfer on death deed (TODD, also called a beneficiary deed) lets a real property owner name a beneficiary who automatically takes title at the owner's death, without probate. The deed is recorded during the owner's lifetime and is revocable until death.
Which states allow TOD deeds?
About 30 US states plus DC recognize some form of TOD deed. Notable holdouts include New York, Florida, Georgia, Pennsylvania, and most of New England — those states use trusts or joint ownership instead.
Does a TOD deed avoid estate tax?
No. A TOD deed avoids probate, not tax. The property still counts toward the taxable estate for federal and state estate tax purposes.
Can a will override a TOD deed?
No. A recorded TOD deed passes title outside the will and probate. To change the beneficiary, the owner must record a new TOD deed or a revocation before death.