Everything You Need to Know About a Transfer on Death Deed
What is a Transfer on Death Deed?
A Transfer on Death Deed is a legal document used to designate a beneficiary who will inherit real property when the owner dies. Unlike traditional deeds, it delays the actual transfer until death, allowing the owner to retain full control, including selling, refinancing, or revoking the deed at any time.
Who Should Use a Transfer on Death Deed?
- Homeowners who want to avoid probate for real property.
- Individuals with heirs who want a simple, low-cost transfer method.
- Elderly property owners planning their estate.
- People without complex estates who want a straightforward beneficiary designation.
When to Use a Transfer on Death Deed?
Use a TOD Deed when you want your property to pass directly to a named beneficiary at your death, without probate. It’s commonly used as part of simple estate planning.
Key Information Required
- Full name(s) of the property owner(s)
- Full name(s) of the grantee beneficiary
- Legal description of the real property
- Decision on whether the beneficiary’s death makes the deed void or passes to their estate
- Owner(s) signature(s)
- Notary acknowledgment
- Preparer and mailing information
Why is a Transfer on Death Deed Important?
A TOD Deed helps families avoid probate, reduces legal costs, and provides a clear plan for property transfer. It ensures your beneficiary receives the property quickly and with minimal paperwork after your death.
How to Fill Out a Transfer on Death Deed
- Download the Transfer on Death Deed from Zendocs.
- Enter the preparer and mailing information.
- Fill in the owner(s) and beneficiary information.
- Add the full legal description of the property (from a deed or county records).
- Choose what happens if the beneficiary dies before the owner.
- Sign the document in front of a notary public.
- Record the completed deed with your county recorder’s office.
Processing Notes
A TOD Deed must be recorded to be legally effective. It does not transfer ownership during the owner’s lifetime. It is fully revocable as long as the owner is living and competent.