Wealthy PotTransfer on Death Deed: Which States Allow It and How It Works
A transfer on death deed lets you name who gets your house when you die, while you keep full ownership until then. You can sell it, mortgage it or change your mind, and the beneficiary has no rights until your death. When you die, the home passes to them without probate. We checked the law in all 50 states and DC: 34 states and DC allow one, and five more have joined since 2024.
Table of Contents
The Short Answer
- 34 states and DC allow transfer on death deeds (some call them beneficiary deeds). Most follow the Uniform Real Property Transfer on Death Act.
- New since 2024: Georgia (July 2024), New Hampshire (July 2024), New York (July 2024), Delaware (December 2025) and Maryland (October 1, 2026).
- 16 states don't: Alabama, Connecticut, Florida, Idaho, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee and Vermont. Florida, Michigan and Vermont use the lady bird deed instead.
- It must be recorded before you die. A signed deed left in a drawer does nothing.
- You keep full control: it can always be revoked, and it doesn't protect the home from your creditors or from estate claims after death.
Look Up Your State
Transfer on Death Deed by State
Every entry was checked against the state's statute or enacted law. "Since" is the year the law took effect.
| State | TOD deed? | Name and law | Since |
|---|---|---|---|
| Alabama | No | No statute | |
| Alaska | Yes | Transfer on death deed: Alaska Stat. §§ 13.48.010-13.48.195 | 2014 |
| Arizona | Yes | Beneficiary deed: A.R.S. § 33-405 | 2001 |
| Arkansas | Yes | Beneficiary deed: Ark. Code Ann. § 18-12-608 | 2005 |
| California | Yes | Revocable transfer on death deed: Cal. Prob. Code §§ 5600-5698 | 2016 |
| Colorado | Yes | Beneficiary deed: C.R.S. §§ 15-15-401 to 15-15-415 | 2004 |
| Connecticut | No | No statute | |
| Delaware | Yes | Transfer on death deed: 25 Del. C. §§ 201-221 | 2025 |
| District of Columbia | Yes | Transfer on death deed: D.C. Code §§ 19-604.01 to 19-604.19 | 2013 |
| Florida | No | No statute (lady bird deed instead) | |
| Georgia | Yes | Transfer-on-death deed: O.C.G.A. §§ 44-17-1 to 44-17-7 | 2024 |
| Hawaii | Yes | Transfer on death deed: Haw. Rev. Stat. ch. 527 | 2011 |
| Idaho | No | No statute | |
| Illinois | Yes | Transfer on death instrument: 755 ILCS 27/1 et seq. | 2012 |
| Indiana | Yes | Transfer on death deed: Ind. Code § 32-17-14-11 | 2009 |
| Iowa | No | No statute | |
| Kansas | Yes | Transfer-on-death deed: K.S.A. 59-3501 to 59-3507 | 1997 |
| Kentucky | No | No statute | |
| Louisiana | No | No statute | |
| Maine | Yes | Transfer on death deed: 18-C M.R.S. §§ 6-401 to 6-419 | 2019 |
| Maryland | Yes | Transfer-on-death deed: Md. Code Ann., Real Prop. §§ 14-1001 to 14-1014 | 2026 |
| Massachusetts | No | No statute | |
| Michigan | No | No statute (lady bird deed instead) | |
| Minnesota | Yes | Transfer on death deed: Minn. Stat. § 507.071 | 2008 |
| Mississippi | Yes | Transfer-on-death deed: Miss. Code Ann. §§ 91-27-1 to 91-27-37 | 2020 |
| Missouri | Yes | Beneficiary deed: Mo. Rev. Stat. § 461.025 | 1989 |
| Montana | Yes | Transfer on death deed: Mont. Code Ann. §§ 72-6-401 to 72-6-418 | 2019 |
| Nebraska | Yes | Transfer on death deed: Neb. Rev. Stat. §§ 76-3401 to 76-3424 | 2013 |
| Nevada | Yes | Deed upon death: Nev. Rev. Stat. §§ 111.655 to 111.699 | 2011 |
| New Hampshire | Yes | Transfer on death deed: N.H. Rev. Stat. Ann. ch. 563-D | 2024 |
| New Jersey | No | No statute | |
| New Mexico | Yes | Transfer on death deed: N.M. Stat. Ann. §§ 45-6-401 to 45-6-417 | 2014 |
| New York | Yes | Transfer on death deed: N.Y. Real Property Law § 424 | 2024 |
| North Carolina | No | No statute | |
| North Dakota | Yes | Transfer on death deed: N.D. Cent. Code ch. 30.1-32.1 | 2011 |
| Ohio | Yes | Transfer on death designation affidavit: Ohio Rev. Code §§ 5302.22, 5302.222, 5302.23, 5302.24 | 2009 |
| Oklahoma | Yes | Transfer-on-death deed: Okla. Stat. tit. 58, §§ 1251-1258 | 2008 |
| Oregon | Yes | Transfer on death deed: Or. Rev. Stat. §§ 93.948-93.979 | 2012 |
| Pennsylvania | No | No statute | |
| Rhode Island | No | No statute | |
| South Carolina | No | No statute | |
| South Dakota | Yes | Transfer on death deed: SDCL 29A-6-401 to 29A-6-435 | 2014 |
| Tennessee | No | No statute | |
| Texas | Yes | Transfer on death deed: Tex. Estates Code ch. 114, §§ 114.001-114.106 | 2015 |
| Utah | Yes | Transfer on death deed: Utah Code §§ 75-6-401 to 75-6-419 | 2018 |
| Vermont | No | No statute (lady bird deed instead) | |
| Virginia | Yes | Transfer on death deed: Va. Code §§ 64.2-621 to 64.2-638 | 2013 |
| Washington | Yes | Transfer on death deed: RCW 64.80.010-64.80.904 | 2014 |
| West Virginia | Yes | Transfer on death deed: W. Va. Code §§ 36-12-1 to 36-12-17 | 2014 |
| Wisconsin | Yes | TOD beneficiary designation on a deed: Wis. Stat. § 705.15 | 2006 |
| Wyoming | Yes | Transfer on death deed: Wyo. Stat. §§ 2-18-101 to 2-18-106 | 2013 |
Pennsylvania's House passed a transfer on death deed bill (HB 2124) in October 2026 and New Jersey has bills pending; neither is law yet. California's law is set to expire on January 1, 2032, though deeds signed before then stay valid.
How a Transfer on Death Deed Works
The rules below come from the uniform act as adopted in states such as Texas, Virginia, Delaware and New York; states that wrote their own law are similar but check the details.
- Nothing changes while you are alive. Texas's version says the deed does not affect your right to sell or mortgage the property, your homestead or senior tax exemptions, your creditors, or your or the beneficiary's eligibility for public assistance, and it does not trigger a "due on sale" clause in your mortgage (Texas Estates Code 114.101).
- It is always revocable, "even if the deed or another instrument contains a contrary provision" (Virginia Code 64.2-625). You revoke it by recording a new deed or a revocation.
- No notice or acceptance. The beneficiary doesn't have to know about it, and you don't receive anything in return.
- At death, the beneficiary must survive you. In Texas, for example, a beneficiary must outlive you by 120 hours or their share lapses (Estates Code 114.103), so name an alternate.
- Debts follow the property. The beneficiary takes the home subject to any mortgage or lien, and if your probate estate can't pay your debts and certain family allowances, the estate can claim against the property (for example Delaware 25 Del. C. 215 and New York Real Property Law 424(14)).
Requirements: Signing and Recording
- Capacity. In most uniform-act states it is the same capacity needed to make a will. Texas uses the capacity to make a contract.
- Deed formalities. It must meet your state's rules for a recordable deed (signed and notarized) and say the transfer happens at death.
- Witnesses in some states. New York and California require two witnesses plus a notary. Delaware requires a notary and two witnesses, at least one of whom is not a beneficiary.
- Record it before death, in the county where the property is. New Hampshire also requires recording within 60 days of signing, and California within 60 days of notarization.
- Name alternates. Say who gets the property if a beneficiary dies first.
Ohio's version is a "transfer on death designation affidavit" rather than a deed, and Wisconsin adds a TOD beneficiary designation to a recorded deed; both work the same way in practice.
What It Does Not Do
- It does not cover anything but that property. You still need a will, and beneficiary designations for accounts.
- It does not avoid estate claims. Creditors of your estate, and in some states Medicaid estate recovery, may still reach the home.
- It does not avoid estate or inheritance tax. The home counts in your taxable estate, which also means your heirs generally get a stepped-up basis (IRC 1014). Very few estates owe federal estate tax: the 2026 exclusion is $15 million. Some states tax smaller estates or heirs: see estate tax and inheritance tax.
- It does not plan for incapacity. If you can no longer manage the property, someone needs a power of attorney. A living trust handles that too.
TOD Deed vs Will, Trust and Lady Bird Deed
| TOD deed | Will | Living trust | Lady bird deed | |
|---|---|---|---|---|
| Avoids probate | Yes, for that property | No | Yes, if funded | Yes, for that property |
| Cost to set up | Low | Low to moderate | Higher | Low |
| Owner keeps control | Yes | Yes | Yes (as trustee) | Yes |
| Handles incapacity | No | No | Yes | No |
| Where | 34 states + DC | Everywhere | Everywhere | FL, MI, TX, VT |
Common Mistakes
- Not recording it. In every state the deed has to be on record before death.
- Trying to change it with a will. "A will may not revoke or supersede a transfer on death deed" (Texas Estates Code 114.057). Record a revocation or a new deed instead.
- No alternate beneficiary. If the only beneficiary dies first, the home can end up back in probate.
- Forgetting a joint owner. If you own the home jointly with survivorship and die first, the home goes to the surviving owner, and the deed takes effect only at the last owner's death (Texas Estates Code 114.103).
- Using it in a state without a statute. In states that don't allow it, the deed may simply fail.
Sources & Methodology
We read the statute or enacted session law for each state and DC, on the official legislature site where it was reachable and otherwise on the Justia code compilation (2025 edition). Each row in the table links to the law. For "no" states we searched the state code for transfer on death and beneficiary deed provisions and checked current bills. Examples quoted above come from Texas Estates Code chapter 114, Virginia Code 64.2-621 to 638, 25 Del. C. chapter 2, New York Real Property Law 424, California Probate Code 5600, and New Hampshire RSA 563-D.
Limits of this check: in about 17 "yes" states the official site blocked automated access, so we relied on the 2025 Justia compilation; a 2026 amendment could be missing there. For six "no" states (Idaho, Massachusetts, Michigan, New Jersey, North Carolina, Rhode Island) we confirmed absence through the compiled code and bill tracking rather than the official site.
This article is educational and is not legal advice. Deed requirements are set by state law and change; have a local attorney or title company review your deed. Laws were checked on 2026-10-13.
FAQ
What states allow transfer on death deeds?
34 states and DC as of October 2026. The table above lists each one with its statute. Maryland's law took effect October 1, 2026, Delaware's in December 2025, and Georgia, New Hampshire and New York in July 2024.
Does Florida allow a transfer on death deed?
No. Floridians usually use a lady bird (enhanced life estate) deed or a living trust instead.
Does a transfer on death deed avoid probate?
Yes, for the property it covers, as long as it was properly signed and recorded before death and a beneficiary survives you.
Can I revoke a transfer on death deed?
Yes, at any time while you have capacity, by recording a revocation or a new deed. A will cannot revoke it.
Do the beneficiaries pay capital gains tax?
Generally only on gains after your death, because the property's basis steps up to its value when you die (IRC 1014).
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"Transfer on Death Deed: Which States Allow It and How It Works." Wealthy Pot, 2026. https://wealthypot.com/transfer-on-death-deed/
