Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published July 2, 2026
A transfer-on-death (TOD) deed — called a beneficiary deed in some states — names who gets your real estate when you die, without probate. You keep full ownership while alive and can change your mind anytime. Most states now allow some version of it, but the rules are state-specific and the deed only works if it's executed and recorded correctly.
At your death, the property passes automatically to the beneficiary named in the recorded deed — no probate case needed for that asset. Until then, the beneficiary has no rights at all: you can sell, refinance, or mortgage the property freely.
A majority of states and D.C. authorize TOD deeds, many under the Uniform Real Property Transfer on Death Act, but a number of states still don't. Names vary too — beneficiary deed, TODD — so the first step is confirming what your state's statute allows and what form it requires.
The deed must be signed, notarized, and recorded with the county land records office where the property sits — while you're alive. A TOD deed found in a drawer after death, or recorded too late, generally has no effect.
You can undo a TOD deed anytime by recording a revocation or a newer deed, or by transferring the property out of your name. What generally doesn't work: revoking it in your will. A recorded TOD deed usually beats a conflicting will provision.
A TOD deed doesn't shield the property from mortgages, liens, or Medicaid estate recovery. The beneficiary takes title subject to those claims, so it pays to review the deed alongside your will and beneficiary designations.
More on this topic: the Wills & Estates hub
NotALawyer.com provides general legal information, not legal advice.