10/18/2026
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๐ HOW TO SET UP A TRANSFER ON DEATH (TOD) DEED โ STEP BY STEP
Want your children to inherit your house without going through probate?
๐นSTEP 1: Check your stateโs rules.
Not every state allows TOD Deeds. Some call them Beneficiary Deeds.
Check the laws in the state where your property is located, not necessarily where you live.
๐นSTEP 2: Get the correct TOD Deed form.
Some states provide a sample form in their laws or through government resources.
You can also have an estate planning attorney prepare one.
Make sure the form meets your stateโs requirements. A regular property deed is not the same thing as a TOD Deed.
๐นSTEP 3: Fill out the information.
Youโll generally need:
โข Your full legal name
โข The propertyโs legal description from your existing deed
โข The beneficiaryโs full legal name
โข An alternate beneficiary, if permitted and desired
For example, you could name your daughter to inherit the house and your son as the backup if she passes away before you.
๐นSTEP 4: Sign and notarize the deed.
Most states require notarization, and some also require witnesses.
If the property is jointly owned or youโre married, additional signatures or legal considerations may apply.
๐นSTEP 5: Record the TOD Deed with the county.
Submit the properly executed deed to the land records office in the county where the property is located.
This office may be called the County Recorder, Register of Deeds, or County Clerk.
Pay any required recording fees and follow your stateโs filing deadlines.
โ ๏ธ IMPORTANT: Signing and notarizing the deed isnโt enough. It generally must be officially recorded before your death to be effective.
๐นSTEP 6: Keep a copy and review it when life changes.
After recording, keep a copy with your estate planning documents.
Review it after major changes such as marriage, divorce, the death of a beneficiary, or changes in your wishes.
A TOD Deed can generally be revoked or replaced while youโre alive, but you must follow your stateโs procedures.
๐นA FEW THINGS TO REMEMBER:
โ
You generally keep full ownership and control while youโre alive.
โ
Your beneficiary doesnโt become an owner just because you recorded the TOD Deed.
โ
The property generally transfers outside probate when you die, although beneficiaries may still need to complete paperwork.
โ ๏ธ Mortgages, liens, and certain creditor claims may still affect the property.
โ ๏ธ A TOD Deed doesnโt automatically avoid estate or inheritance taxes.
โ ๏ธ It isnโt necessarily the best option for every family, especially with minor children, multiple beneficiaries, or complicated ownership arrangements.
๐นBottom line: A TOD Deed can be a relatively simple and affordable way to pass a house to your children without probate. But the details matter, and one incorrectly completed or recorded document can create problems later.
๐๐ฅ๐ถ๐ค๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐ช๐ฏ๐ง๐ฐ๐ณ๐ฎ๐ข๐ต๐ช๐ฐ๐ฏ ๐ฐ๐ฏ๐ญ๐บ. ๐๐ฆ๐ฒ๐ถ๐ช๐ณ๐ฆ๐ฎ๐ฆ๐ฏ๐ต๐ด ๐ท๐ข๐ณ๐บ ๐ฃ๐บ ๐ด๐ต๐ข๐ต๐ฆ. ๐๐ฐ๐ฏ๐ด๐ช๐ฅ๐ฆ๐ณ ๐ค๐ฐ๐ฏ๐ด๐ถ๐ญ๐ต๐ช๐ฏ๐จ ๐ข๐ฏ ๐ฆ๐ด๐ต๐ข๐ต๐ฆ ๐ฑ๐ญ๐ข๐ฏ๐ฏ๐ช๐ฏ๐จ ๐ข๐ต๐ต๐ฐ๐ณ๐ฏ๐ฆ๐บ ๐ฃ๐ฆ๐ง๐ฐ๐ณ๐ฆ ๐ณ๐ฆ๐ค๐ฐ๐ณ๐ฅ๐ช๐ฏ๐จ ๐ข ๐ฅ๐ฆ๐ฆ๐ฅ.
