Transfer on Death Deed Laws by State
A transfer on death deed, sometimes called a beneficiary deed, lets a property owner name who will receive real estate when the owner dies. The owner keeps full ownership and control while alive, can sell or mortgage the property, and can change or cancel the deed. The named beneficiary has no rights in the property until the owner's death.
46 states and DC compared. Last checked .
At a glance
- TOD deed allowed
- 35 of 47
- States and DC where the answer is yes.
- Uniform act adopted
- 19 of 43
- States and DC where the answer is yes.
Compare transfer on death deed laws
Not every state recognizes this kind of deed, and the states that do set their own rules for signing, recording and revoking it. Some states adopted the Uniform Real Property Transfer on Death Act, while others wrote their own statute. This guide compares whether each state allows the deed, whether it follows the uniform act, and when the deed must be recorded.
47 of 47 shown
| Recording rule | Sources | |||
|---|---|---|---|---|
| ALAlabama | No | No | Not applicable (no TOD deed law) | |
| AKAlaska | Yes | Yes | Before the owner's deathMust be recorded in the recorder's office for the recording district where the property is located. | |
| AZArizona | Yes (beneficiary deed) | No, own statute | Before the owner's deathMust be recorded with the county recorder where the property is located before the death of the owner or last surviving owner. | |
| ARArkansas | Yes (beneficiary deed) | No, own statute | Before the owner's deathMust be recorded with the county recorder before the death of the owner or last surviving owner. | |
| CACalifornia | Yes | Not listed | Within 60 days after notarizationThe deed is not effective unless recorded on or before 60 days after it was acknowledged before a notary. | |
| COColorado | Yes (beneficiary deed) | No, own statute | Before the owner's deathMust be recorded with the clerk and recorder of the county where the property is located. | |
| CTConnecticut | No | No | Not applicable (no TOD deed law) | |
| DEDelaware | Yes (since December 4, 2025) | Yes | Before the owner's deathMust be recorded with the county recorder of deeds; it also must be notarized and signed before 2 witnesses, at least 1 not a beneficiary. | |
| DCDistrict of Columbia | Yes | Yes | Before the owner's deathMust be recorded in the Office of Recorder of Deeds. | |
| FLFlorida | No | No | Not applicable (no TOD deed law) | |
| GAGeorgia | Yes (since July 1, 2024) | No, own statute | Before the owner's deathMust be executed, acknowledged and recorded with the clerk of superior court of the county where the property is located. | |
| HIHawaii | Yes | Yes | Before the owner's deathMust be recorded with the Bureau of Conveyances or filed with the Land Court assistant registrar, as applicable. | |
| IDIdaho | No | No | Not applicable (no TOD deed law) | |
| ILIllinois | Yes (TOD instrument) | Not listed | Before the owner's deathMust be recorded with the county recorder before death; an unrecorded instrument is void. | |
| INIndiana | Yes | No, own statute | Before the owner's deathMust be recorded with the recorder of deeds of the county where the property is located; an unrecorded deed is void. | |
| IAIowa | No | No | Not applicable (no TOD deed law) | |
| KSKansas | Yes | No, own statute | Before the owner's deathMust be executed, acknowledged and recorded with the register of deeds in the county where the property is located. | |
| KYKentucky | No | No | Not applicable (no TOD deed law) | |
| MEMaine | Yes | Yes | Before the owner's deathMust be recorded in the registry of deeds in the county where the property is located. | |
| MDMaryland | Yes (from October 1, 2026) | Not listed | Before the owner's deathMust be recorded in the land records of the county where the property is located. | |
| MNMinnesota | Yes | No, own statute | Before the owner's deathMust be recorded in a county where at least part of the property is located. | |
| MSMississippi | Yes | Yes (Mississippi version) | Before the owner's deathMust be recorded in the deed records of the chancery clerk of the county where the property is located. | |
| MOMissouri | Yes (beneficiary deed) | No, own statute | Before the owner's deathMust be filed of record with the recorder of deeds where the property is located. | |
| MTMontana | Yes | Yes | Before the owner's deathMust be recorded with the county clerk and recorder where the property is located. | |
| NENebraska | Yes | Yes | Within 30 days after signing and before the owner's deathMust be recorded with the register of deeds of the county where the property is located. | |
| NVNevada | Yes (deed upon death) | Yes | Before the owner's deathMust be recorded with the county recorder where the property is located; if several owners, before the last owner's death. | |
| NHNew Hampshire | Yes (since July 1, 2024) | Yes | Within 60 days after signing and before the owner's deathMust be recorded at length in the registry of deeds of the county where the property lies; the deed must be titled 'Transfer on Death Deed'. | |
| NMNew Mexico | Yes | Yes | Before the owner's deathMust be recorded with the county clerk of the county where the property is located. | |
| NYNew York | Yes | Not listed | Before the owner's deathMust be recorded in the county clerk's office where the property is located, like any other deed. | |
| NCNorth Carolina | No | No | Not applicable (no TOD deed law) | |
| NDNorth Dakota | Yes | Yes | Before the owner's deathRecorded with the county recorder of the county where the property is located. | |
| OHOhio | Yes (TOD designation affidavit) | No, own statute | Before the owner's deathRecorded with the county recorder where the property is located (R.C. 5302.22(B), (F)). A change or revocation is done by recording a new affidavit before death (R.C. 5302.23(B)(5)). | |
| OKOklahoma | Yes | No, own statute | Before the owner's deathRecorded with the county clerk. For deaths on or after Nov. 1, 2011, the beneficiary must record an affidavit within 9 months of death or the interest reverts to the estate. | |
| OROregon | Yes | Yes | Before the owner's deathRecorded in the deed records of the county clerk. The beneficiary must be named; a class-only designation is void. | |
| PAPennsylvania | No (bill pending) | No (bill pending) | Not applicable (no TOD deed law) | |
| RIRhode Island | No | No (bills proposed) | Not applicable (no TOD deed law) | |
| SCSouth Carolina | No | No | Not applicable (no TOD deed law) | |
| SDSouth Dakota | Yes | Yes | Before the owner's deathRecorded with the register of deeds in the county where the property is located. | |
| TNTennessee | No | No | Not applicable (no TOD deed law) | |
| TXTexas | Yes | Yes (Texas version) | Before the owner's deathRecorded in the deed records of the county clerk where the property is located. | |
| UTUtah | Yes | Yes | Before the owner's deathRecorded in the county recorder's office where the property is located. | |
| VTVermont | No (enhanced life estate deed instead) | No | Not applicable (no TOD deed law) | |
| VAVirginia | Yes | Yes | Before the owner's deathRecorded in the land records of the circuit court clerk where the property is located; exempt from recordation tax unless given for consideration. | |
| WAWashington | Yes | Yes | Before the owner's deathRecorded with the auditor of the county where the property is located. | |
| WVWest Virginia | Yes | Yes | Before the owner's deathRecorded with the clerk of the county commission; exempt from the real estate transfer excise tax. | |
| WIWisconsin | Yes | No, own statute | Submitted for recording before the owner's deathThe document and recording fees must be submitted to the register of deeds before the death of the sole owner or last surviving owner. | |
| WYWyoming | Yes | No, own statute | Before the owner's deathRecorded with the county clerk where the property is located; for joint tenants, before the last surviving owner's death. |
Louisiana, Massachusetts, Michigan and New Jersey are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.
A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.
Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.
Transfer on Death Deed Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What is a transfer on death deed?
It is a deed that names a beneficiary to receive real estate when the owner dies. It takes effect only at death, so the owner keeps full control during life and the property can pass to the beneficiary without going through probate, where the state allows this type of deed.
Can I revoke or change a transfer on death deed?
In states that allow these deeds, the owner can generally revoke or replace one during life because the beneficiary has no present interest. States set their own method, which commonly involves recording a revocation or a later deed. A will usually cannot revoke a transfer on death deed in states that follow the uniform act.
What is the Uniform Real Property Transfer on Death Act?
It is a model law published by the Uniform Law Commission in 2009 that states can adopt to authorize transfer on death deeds. States that adopt it may change parts of the text, so the exact rules still depend on each state's statute.
Does the deed have to be recorded before the owner dies?
In states that allow transfer on death deeds, the statute normally requires the deed to be recorded in the county land records before the owner's death to be effective. Each state page below shows the recording rule from that state's statute.
What are the alternatives in a state without transfer on death deeds?
Common alternatives include holding property in a revocable living trust, owning it jointly with a right of survivorship, or leaving it through a will. Each option has different effects on control, probate, creditors and taxes.
TOD deed allowed: which states say yes?
Of the 47 jurisdictions we checked, the answer is yes in 35 jurisdictions, no in 12. Yes: Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Uniform act adopted: which states say yes?
Of the 43 jurisdictions we checked, the answer is yes in 19 jurisdictions, no in 24. Yes: Alaska, Delaware, District of Columbia, Hawaii, Maine, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Virginia, Washington and West Virginia.