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50-State SurveysTransfer-on-Death Deed Requirements by State

Transfer-on-Death Deed Requirements by State

Does this state let you leave your home to someone with a transfer-on-death (beneficiary) deed, and what does it take to sign and record one validly?

51 of 51 jurisdictions verified every entry statute-checked, oldest 2026-07-11

What this survey covers

A transfer-on-death deed — called a "beneficiary deed" or "deed upon death" in some states — lets you name who inherits your house and record that choice now, while keeping full control of the property for the rest of your life. When you die, the home passes to the person you named without going through probate, and until then you can sell it, mortgage it, or change your mind and revoke the deed. Thirty-four jurisdictions currently authorize a real-property TOD mechanism; Maryland becomes the thirty-fifth on October 1, 2026. The other 16 do not, and the adopting states disagree on execution, beneficiary, creditor, and Medicaid rules.

This survey answers one question for every state: does the state let you use a transfer-on-death or beneficiary deed for real property, and if so, what makes one valid? Each state's page states the rule in plain English, quotes the statute it comes from, and shows the date we last verified the statutory text. It covers the deed for REAL PROPERTY only — not payable-on-death bank accounts, vehicle titles, or brokerage accounts, which are separate tools — and it does not cover the tax side or the probate process the deed is meant to avoid.

How to read the table

Each column is one requirement, answered the same way for every state, with the statutory citation compressed into the cell. The first thing to check is whether the deed is available at all: a large minority of states have no such statute, and for those the honest answer names what people use instead. Where the deed exists, the central columns are how to sign it (the witness and notary rules, which vary more than anything else) and the recording requirement — the rule that separates a TOD deed from an ordinary deed, because it must be recorded in the county land records before the owner dies to have any effect. Further columns cover how to revoke the deed, which property and owners qualify, what happens if the beneficiary dies first or there are several, and how far the property stays reachable by the owner's creditors and Medicaid. Click a state for the full plain-English page: the steps in order, the traps that void the deed, and the verbatim statutory text with official source links.

Patterns across the states

Availability divides 35 to 16 after Maryland's effective date. Thirty-four jurisdictions currently authorize a revocable real-property TOD mechanism, and Maryland's enacted Act takes effect October 1, 2026. Sixteen do not. Florida and Michigan use a common-law Lady Bird, or enhanced-life-estate, deed as a substitute; Vermont has a statutory enhanced life estate deed; the other no-statute states generally rely on a living trust, survivorship ownership, or probate. Among adopters, many use the Uniform Real Property Transfer on Death Act, while older statutes use names and structures such as Arizona's and Colorado's "beneficiary deed," Nevada's "deed upon death," Illinois's transfer-on-death instrument, Ohio's designation affidavit, and Wyoming's bespoke Act.

Notary without witnesses is the main execution pattern, but seven states add witnesses. California, Delaware, Illinois, Nebraska, New York, and Oklahoma require two; Nebraska's must be disinterested, Delaware requires at least one nonbeneficiary, and California and New York require the two witnesses to be present together. Georgia uses one unofficial witness plus the official witness or notary. The remaining adopting states generally use an acknowledged, recordable-deed form without a separate TOD witness count. Beneficiaries do not sign during the owner's life.

Recording before death is universal; three states also impose an outer deadline. Every current or enacted scheme requires lifetime recording in the land records where the property is located. California adds 60 days from notarization, Nebraska adds 30 days from execution, and New Hampshire adds 60 days from execution. Missing either the state-specific period or the owner's lifetime makes the deed ineffective. Most other states have no signing-based deadline, but an unrecorded document found after death is too late.

Revocation and beneficiary outcomes are not uniform. A recorded revocation or later TOD instrument is the recurring method, and a will generally cannot override the land record. Joint-tenancy survivorship normally comes first. If a beneficiary dies before the owner, results range from lapse, to redistribution among surviving beneficiaries, to an anti-lapse rule or a deed-selected result. Wyoming's statutory form, for example, makes the owner choose whether the gift becomes void or passes into the deceased beneficiary's estate; Montana and South Dakota use a 120-hour survival period.

Avoiding probate does not produce one creditor or Medicaid answer. Existing mortgages, liens, and other recorded interests generally follow the property. Many Uniform-Act states also let an insufficient probate estate recover from TOD property for allowed claims and family allowances, but their enforcement windows range from months to years; some bespoke schemes do not create comparable unsecured-debt liability. Medicaid rules vary independently: Colorado treats a beneficiary deed as a countable eligibility resource, Arkansas and Wyoming expressly authorize recovery against TOD property, while statutes limited to the probate estate can produce a different result. Each state row therefore states creditor and Medicaid reach separately rather than treating "avoids probate" as "avoids debts."

Get this answered for your state

This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.

Scroll sideways in the table to see all columns →

State Governing law TOD deed available? How to sign it Recording requirement Revoking it Eligible property & owner Beneficiary survival & effect Creditor & Medicaid reach
Alabama verified 2026-07-11
No transfer-on-death or beneficiary deed for REAL property. Alabama's only statutory 'transfer on death' scheme is the Uniform Transfer on Death Security Registration Act, Ala. Code §§ 8-6-140 to 8-6-151 (§ 8-6-148 is the operative 'Transfer on Death' section), which reaches securities registered in beneficiary form — not real estate. Alabama did not adopt the Uniform Real Property Transfer on Death Act
Not available. No Alabama statute allows a revocable transfer-on-death or beneficiary deed for real property. To pass a home outside probate, Alabama owners use a revocable living trust, joint tenancy with right of survivorship, or tenancy by the entirety (married couples). Some estate planners market an enhanced life estate ('Lady Bird') deed, but no Alabama statute authorizes one, so its effectiveness rests on title practice rather than a TOD-deed law
N/A — there is no real-property TOD deed to execute. Avoiding probate instead means deeding the home into a living trust or recording a survivorship deed, each signed and notarized under Alabama's ordinary deed rules, not a TOD-deed statute
N/A — no TOD deed. Ordinary deeds (including a deed into a living trust) are recorded with the county probate judge's office; a will is not recorded during life and takes effect only through probate after death
N/A. A living trust is amendable or revocable by its terms and a will is revocable until death, but there is no recorded real-property TOD instrument to revoke
N/A for real property. The § 8-6-148 transfer-on-death mechanism reaches only securities registered in beneficiary form (stocks, bonds, brokerage accounts) — never land or a house
N/A — no TOD deed for real estate. A home passes by will (through probate) or by intestacy, or under a trust's terms; there is no TOD-deed survival, lapse, or anti-lapse rule for real property
N/A for a TOD deed. Real property in the probate estate remains subject to the decedent's creditors and to Alabama's Medicaid estate-recovery claim; a living trust or survivorship deed carries its own creditor and Medicaid treatment outside this survey
Alaska verified 2026-07-12
Alaska Uniform Real Property Transfer on Death Act, AS §§ 13.48.010-.130 (enacted 2014 and subsequently amended)
Yes — a statutory revocable transfer-on-death deed for Alaska real property (AS §§ 13.48.010-.030)
Transferor signs a properly recordable conveyance; ordinary route is acknowledgment before a notary, with statutory proof alternatives and no separate TOD witness count. Beneficiaries cannot be identified only as a class (AS §§ 13.48.050; 34.15.150)
Must be recorded before death in the recorder's office for each recording district where the property is located; no fixed signing-to-recording deadline (AS § 13.48.050(4))
Revocable until death by recorded later TOD deed, express revocation, or lifetime deed; a qualifying recorded power of attorney or the TOD deed may authorize an agent to revoke. Revoking instrument must be acknowledged and recorded before death; a physical act or will is ineffective (AS § 13.48.070)
An individual may transfer an interest in Alaska real property to 1 or more named persons; class-only designations are void. A surviving joint owner's survivorship right controls; the TOD deed works if the transferor is the last surviving joint owner (AS §§ 13.48.010, .050, .090)
Beneficiary must survive the transferor or the gift lapses; alternate beneficiaries may be named. Multiple beneficiaries take equal undivided shares without survivorship unless the deed provides otherwise. Property passes without warranty and subject to existing mortgages, liens, and interests (AS § 13.48.090)
During life, deed changes neither creditor rights nor public-assistance eligibility (§ 13.48.080). If probate assets are insufficient, estate may reach TOD property for allowed claims, allowances, and administration expenses within 12 months (§ 13.48.110). Alaska Medicaid also authorizes lifetime real-property liens and an estate reimbursement claim (AS § 47.07.055)
Arizona verified 2026-07-11
A.R.S. § 33-405 ('Beneficiary deeds; recording; definitions') — Arizona's own beneficiary-deed statute, one of the earliest in the country and NOT a version of the Uniform Real Property Transfer on Death Act. Last substantively amended in 2019 (SB 1218), which made the grantee's interest separate property by default and confirmed the antilapse statute does not apply
Yes. A deed that conveys real property to a designated grantee beneficiary and 'expressly states that the deed is effective on the death of the owner' transfers the interest at death (§ 33-405(A)). Arizona calls this a 'beneficiary deed'
The owner signs and acknowledges the deed before a notary — the statute repeatedly requires the deed be 'executed, acknowledged and recorded' (§ 33-405(J)) and its statutory form ends with a notary '(acknowledgment)' (§ 33-405(K)). No witnesses are required. The statute states no special capacity, so ordinary deed capacity applies. The grantee beneficiary's signature, consent, or notice is not required during the owner's life (§ 33-405(I))
Valid only if executed and recorded before the owner's (or last surviving owner's) death in the office of the county recorder where the property is located (§ 33-405(E)); a deed not recorded until after death is ineffective (§ 33-405(H)). No fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30)
Revocable at any time (§ 33-405(F)): record a revocation, or record a later beneficiary deed — the last one recorded before death controls (§ 33-405(G)). The revocation must be recorded before the owner's death. A recorded beneficiary deed is NOT revoked by a will (§ 33-405(J)). For survivorship co-owners, a revocation by fewer than all owners is ineffective unless made by the last surviving owner (§ 33-405(F))
Any interest in real property, including a transfer to the trustee of a trust even if revocable (§ 33-405(E)); the 'owner' is any person who executes a beneficiary deed (§ 33-405(M)). You may name multiple grantees in any valid Arizona tenancy and a successor grantee beneficiary (§ 33-405(B)-(C)); the default is that the grantee takes as separate property (§ 33-405(B)). A surviving joint tenant's or surviving spouse's survivorship rights prevail over a beneficiary deed signed by fewer than all owners (§ 33-405(D))
Unless the deed provides otherwise, if no named grantee beneficiary survives the owner the deed is void and the antilapse statute (§ 14-2603) does NOT apply (§ 33-405(C)) — so a lapsed gift simply fails unless you named a successor beneficiary or elected on the form that the share becomes part of the grantee's estate. The grantee takes subject to all mortgages, liens, and other encumbrances made by or applicable to the owner during life (§ 33-405(A))
During life the beneficiary has no interest and the property stays fully reachable by the owner (§ 33-405(A), (I)). After death, as a nonprobate transfer the grantee is liable to the owner's probate estate for allowed claims and statutory family allowances to the extent the probate estate is insufficient — capped at the value received, enforceable within two years of death (A.R.S. § 14-6102). Arizona's Medicaid agency (AHCCCS/ALTCS) may pursue estate recovery by claim against the estate and a lien on the member's property 'consistent with federal law' (A.R.S. § 36-2935); whether a beneficiary-deed asset is reachable is a technical question — confirm with elder-law counsel
Arkansas verified 2026-07-11
Beneficiary deed statute, Ark. Code § 18-12-608 (a bespoke Arkansas scheme, not a Uniform Real Property Transfer on Death Act enactment); the Medicaid-recovery statute § 20-76-436, and § 18-12-608(a)(1)(B), were amended by 2021 Ark. Act 570
Yes — a statutory revocable beneficiary deed (transfer-on-death deed) for real property
Owner (grantor) signs the deed; no witnesses required. To be recordable it must be acknowledged before a notary (Arkansas records a deed on a certificate of acknowledgment or proof of execution). The statute sets no special capacity rule (Ark. Code § 18-12-608(a)(1)(A), (c)(1); § 18-12-208)
Valid only if recorded before the death of the owner (or the last surviving owner) in the county recorder's office where the property sits; an unrecorded beneficiary deed is not valid; no fixed signing-to-recording deadline (Ark. Code § 18-12-608(c)(1))
Revocable any time before death; revoke by recording a revocation, or by recording a later beneficiary deed — the one last signed before death controls regardless of recording order — or by conveying the property away during life; a will cannot revoke it (Ark. Code § 18-12-608(d), (e))
Any ownership interest in Arkansas real property (not a mere leasehold or lien). The owner may name multiple grantees and choose their tenancy — joint tenants with survivorship, tenants in common, or tenancy by the entirety — may name successor grantees, and may even name a trustee of a revocable trust (Ark. Code § 18-12-608(a)(1)(A), (a)(2), (a)(3), (c)(2))
No default survival or anti-lapse rule — to have a backup take when your first grantee dies before you, you must name a successor grantee and state that condition in the deed. Multiple grantees take in the tenancy you chose; a co-owner's survivorship controls, so a solo deed on jointly-held property is valid only if you are the last surviving owner. The grantee takes subject to every lien and encumbrance on the property at your death (Ark. Code § 18-12-608(a)(1)(B), (a)(3)(B), (b))
Not shielded. No interest vests in the grantee until death (§ 18-12-608(a)(1)(B)(ii)), so during life the home stays fully yours and reachable by your creditors. After death the grantee takes subject to your liens and — since 2021 Act 570 — expressly subject to the Department of Human Services' Medicaid estate-recovery claim; the grantee may request a release and DHS must respond within 30 days, and recovery is barred only where it is not cost-effective or causes undue hardship (Ark. Code §§ 18-12-608(a)(1)(B), 20-76-436, as amended by 2021 Act 570)
California verified 2026-07-11
Revocable Transfer on Death Deed, Cal. Prob. Code §§ 5600–5698 (enacted 2015; sunsets Jan. 1, 2032)
Yes — a statutory revocable TOD deed for residential real property
Transferor signs and dates; two witnesses present at the same time; acknowledged before a notary (§ 5624)
Record with the county recorder before death AND within 60 days of notarization, or it is void (§ 5626)
Revocable until death — by recording a § 5644 revocation form, a later TOD deed, or a lifetime transfer; a will does not revoke it
1–4 residential units or a condo/common-interest unit; not agricultural land over 40 acres (§ 5610); passes only the owner's interest, and is void if title is in joint tenancy at death (§ 5664)
Beneficiary must survive the owner or the gift lapses; multiple beneficiaries take as tenants in common; takes subject to existing liens, without warranty (§ 5652)
Not shielded: reachable by the owner's creditors in life (§ 5650); beneficiary personally liable for the owner's unsecured debts up to the property's net value (§§ 5672, 5674); Medi-Cal estate recovery can still reach it
Colorado verified 2026-07-11
Colorado 'beneficiary deed' statute, C.R.S. §§ 15-15-401 to 15-15-415 (Part 4 of Article 15, Title 15) — Colorado's own bespoke scheme and one of the oldest beneficiary-deed laws in the country (added L. 2004, effective Aug. 4, 2004), NOT the Uniform Real Property Transfer on Death Act. The form/recording section was last amended in 2018 (HB 18-1375)
Yes. 'Title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner ... designating a grantee-beneficiary' (§ 15-15-402(1)). Colorado's term is 'beneficiary deed'; the recipient is the 'grantee-beneficiary,' and a successor grantee-beneficiary may be named
The owner (grantor) signs the deed, which must contain the words 'conveys on death' or 'transfers on death' (or otherwise indicate a death-effective transfer) (§ 15-15-404(1)), and acknowledges it before a notary — a beneficiary deed 'may be acknowledged in accordance with section 38-35-101' and is subject to the recording requirements of § 38-35-109(2) (§ 15-15-406); in practice it must be acknowledged to be recorded. NO witnesses are required. The grantee-beneficiary's joinder, signature, consent, or notice is not required (§ 15-15-402(2)). A beneficiary deed carries no warranties of title — it has the same force as a bargain-and-sale deed (§ 15-15-404(2))
Effective only if recorded in the office of the county clerk and recorder where the property is located BEFORE the owner's death (§ 15-15-402(1), § 15-15-404(1)); the statutory form itself warns 'THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.' There is no fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30)
Revocable any time before death (§ 15-15-405(1)). Methods, each recorded before death: a recorded instrument of revocation, or a later beneficiary deed — a subsequent beneficiary deed revokes ALL prior designations for that property (§ 15-15-405(2)). The most recently executed deed or revocation that is recorded before death controls, regardless of the order of recording (§ 15-15-405(3)). A beneficiary deed CANNOT be revoked, altered, or amended by the owner's will (§ 15-15-405(4)); the grantee's consent is not needed to revoke
Any interest in Colorado real property the owner holds (§ 15-15-401(4), § 15-15-402(1)). A JOINT TENANT may use a beneficiary deed, but title vests in the grantee-beneficiary only if the joint tenant-grantor is the LAST of the joint tenants to die; if the grantor is not the last to die the deed is ineffective, and a beneficiary deed does NOT sever the joint tenancy (§ 15-15-408) — a surviving joint tenant's right of survivorship comes first. You may name a successor grantee-beneficiary to take if the primary does not survive (§ 15-15-401(5))
Title vests in the grantee-beneficiary only on the owner's death (§ 15-15-407(1)); the grantee takes 'subject to all conveyances, encumbrances, ... mortgages, liens, and other interests, affecting title ... whether created before or after the recording of the beneficiary deed' (§ 15-15-407(2)). Colorado has NO anti-lapse rule for these deeds: if one of several grantee-beneficiaries dies before the owner and the deed makes no provision, that share passes proportionately to the surviving grantee-beneficiaries (§ 15-15-407(5)); a sole grantee-beneficiary who predeceases with no named successor means the deed does not convey. A person holding an unrecorded interest must record notice within 4 months of the owner's death or be barred (§ 15-15-407(3))
During life the grantee-beneficiary has no interest and the owner keeps full power over the property (§ 15-15-402(3)). Colorado's original beneficiary-deed creditor-clawback provision, § 15-15-409 ('Rights of creditors and others'), was REPEALED in 2006, so the grantee takes subject to recorded liens and encumbrances (§ 15-15-407(2)) but is not made personally liable for the owner's unsecured debts the way Uniform-Act states impose. MEDICAID is Colorado's sharp outlier: while a beneficiary deed is in effect the property is a COUNTABLE RESOURCE and the owner is 'not entitled to' Medicaid (§ 15-15-403), and after death the grantee's interest is subject to the state's Medicaid estate-recovery claim (§ 15-15-407(4)) — the statutory form carries an explicit Medicaid warning
Connecticut verified 2026-07-11
No transfer-on-death or beneficiary deed for REAL property. Connecticut has not enacted the Uniform Real Property Transfer on Death Act. Real property passes at death by will (through probate) or by intestate distribution under Conn. Gen. Stat. ch. 802b (e.g. § 45a-439); the real-property probate-avoidance tool Connecticut does provide is joint tenancy with right of survivorship (§ 47-14a)
Not available. No Connecticut statute allows a revocable transfer-on-death or beneficiary deed for real estate. The General Assembly has considered the Uniform Real Property Transfer on Death Act many times — HB 6448 (2017), HB 5433 and HB 7096 (2019), HB 6115 (2023), HB 5181/HB 6896/SB 211 (2025), and HB 5266 (2026) — and each died in committee; HB 5266 got only a Feb. 27, 2026 public hearing before the session adjourned May 6, 2026. Owners avoid probate on a home through joint tenancy with survivorship or a living trust
N/A — there is no real-property TOD deed to execute. To avoid probate a person instead records a survivorship deed under § 47-14a or deeds the home into a revocable living trust, each signed and acknowledged under Connecticut's ordinary deed rules, not a TOD-deed statute
N/A — no TOD deed. Ordinary deeds (a survivorship deed or a deed into a trust) are recorded on the town land records; a will is not recorded during life and takes effect only through probate after death
N/A. A living trust is revocable by its own terms and a will is revocable until death, but there is no recorded real-property TOD instrument to revoke; a survivorship deed, once delivered, gives the co-owner a present interest that cannot be undone unilaterally
N/A for real property. Connecticut has no TOD/beneficiary deed for any real property or owner. Payable-on-death accounts and transfer-on-death securities registration are separate mechanisms outside this survey
N/A — no TOD deed. A home passes by will (through probate), by intestate distribution under ch. 802b, under a trust's terms, or to a surviving joint tenant; there is no TOD-deed survival, lapse, or anti-lapse rule for real estate
N/A for a TOD deed. Real property in the probate estate remains subject to the decedent's creditors and to any Connecticut Medicaid estate-recovery claim against the estate; a survivorship deed or living trust carries its own creditor and Medicaid treatment outside this survey
Delaware verified 2026-07-12
Delaware Uniform Real Property Transfer on Death Act, 25 Del. C. §§ 201-221 (85 Del. Laws ch. 212; applicable to deeds made before, on, or after Dec. 4, 2025, when the transferor dies on or after that date)
Yes — a statutory revocable transfer-on-death deed for Delaware real property (25 Del. C. §§ 203, 205)
Transferor signs; every required signature must be notarized; 2 witnesses required, with at least 1 witness not a beneficiary. Beneficiary need not receive, accept, or know of the deed during life (25 Del. C. §§ 209-210)
Must be recorded before the transferor's death with the recorder of deeds in each county where the property is located; no fixed signing-to-recording deadline beyond record-before-death (25 Del. C. § 209(4))
Revocable until death by a later TOD deed, an express revocation, or an inter vivos deed that expressly revokes; revoking instrument must be acknowledged, witnessed by 2, and recorded before death. A will cannot revoke it (25 Del. C. §§ 206, 211)
An individual owner may transfer an interest in Delaware real property to 1 or more individual beneficiaries. A surviving joint owner's right of survivorship controls; the TOD deed works if the transferor is the last surviving joint owner (25 Del. C. §§ 202, 205, 213(c))
Beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares with no right of survivorship, and a lapsed share shifts proportionally to the survivors. Property passes without warranty and subject to existing mortgages, liens, and other interests (25 Del. C. § 213)
During life, the deed does not affect the owner's creditors or public-assistance eligibility (§ 212). After death, the estate may reach TOD property if the probate estate is insufficient, but must sue within 8 months (§ 215). Delaware Medicaid can recover from all real property in its statutory 'estate' and from property subject to a lifetime lien (25 Del. C. §§ 5001-5003)
District of Columbia verified 2026-07-12
D.C. Uniform Real Property Transfers on Death Act, D.C. Code §§ 19-604.01 to 19-604.19 (D.C. Law 19-230, effective Mar. 19, 2013)
Yes — a statutory revocable transfer-on-death deed for District real property (D.C. Code §§ 19-604.05 to 19-604.07)
Transferor signs and acknowledges a properly recordable deed; no separate TOD-deed witnesses required. Beneficiary does not sign and need not receive, accept, or know of it during life (D.C. Code §§ 19-604.09, 19-604.10; 42-401)
Must be recorded before the transferor's death in the Office of the Recorder of Deeds; no fixed signing-to-recording deadline beyond record-before-death (D.C. Code § 19-604.09(c))
Revocable until death by a recorded later inconsistent TOD deed, express revocation, or inter vivos deed that expressly revokes; revoking instrument must be acknowledged after the original and recorded before death. Physical destruction or a will is ineffective (D.C. Code §§ 19-604.06, 19-604.11)
An individual may transfer an interest in District real property to 1 or more persons. A surviving joint owner's survivorship right controls; the TOD deed works if the transferor is the last surviving joint owner (D.C. Code §§ 19-604.02, 19-604.05, 19-604.13(c)-(d))
Beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares without survivorship, and a lapsed share shifts proportionally to survivors. Property passes without warranty and subject to mortgages, liens, and other interests (D.C. Code § 19-604.13)
During life, deed changes neither creditor rights nor public-assistance eligibility (§ 19-604.12). After death, beneficiary is liable up to value received when probate assets cannot pay allowed claims and allowances; written demand required and proceeding generally due within 1 year (§§ 19-604.15, 19-601.02). No TOD-specific Medicaid immunity
Florida verified 2026-07-11
No real-property TOD/beneficiary-deed statute; Florida never adopted the Uniform Real Property Transfer on Death Act. Its only TOD statute — the Florida Uniform Transfer-on-Death Security Registration Act, Fla. Stat. ch. 711 — covers securities, not land
Not available for real property. Florida owners use a common-law 'Lady Bird' (enhanced life estate) deed or a revocable living trust instead
N/A — no TOD-deed statute (a substitute Lady Bird deed is executed as any Florida deed: signed before two witnesses and acknowledged before a notary, § 689.01)
N/A — no TOD-deed statute (a Lady Bird deed is recorded in the county land records like any deed)
N/A — no TOD-deed statute (a Lady Bird deed's enhanced life estate lets the owner sell, mortgage, or revoke by recording a new deed without the beneficiary's consent)
N/A — no TOD-deed statute; and a Florida homestead cannot be left away from a surviving spouse or minor child by any method (§ 732.4015)
N/A — no TOD-deed statute
N/A — no TOD-deed statute (a Florida homestead carries strong constitutional creditor protection; Lady Bird deeds are commonly chosen for Medicaid planning — confirm with elder-law counsel)
Georgia verified 2026-07-11
Transfer on Death, O.C.G.A. §§ 44-17-1 to 44-17-7 (added 2024 Ga. Laws 496, eff. 7/1/2024; substantially amended by HB 413, eff. 4/22/2026); a bespoke scheme, not the Uniform Act
Yes — a statutory revocable transfer-on-death deed for any interest in real estate
Record owner signs with contract-level capacity (no attorney-in-fact, § 44-17-2); attested like an ordinary Georgia deed — one unofficial witness plus a notary (§ 44-17-3)
Record with the clerk of superior court before death (§ 44-17-3); no signing-to-recording deadline, but the beneficiary must record a post-death acceptance affidavit within 9 months or the interest reverts to the estate (§ 44-17-2)
Revocable until death — record a revocation instrument (attested by a notary + one witness) or a later TOD deed; also auto-revoked if the owner conveys the property away or the sole beneficiary predeceases (§ 44-17-4)
Any interest in real estate (§ 44-17-1); a joint owner may use it, but title vests only if that owner is last of the joint owners to die, and the deed does not sever a joint tenancy (§ 44-17-6)
A predeceasing beneficiary's share splits evenly among survivors, not back to the estate; a JTWROS designation is preserved; takes subject to recorded liens but free of a spouse acquired after the deed (§ 44-17-5)
Owner stays absolute owner as to creditors during life (§ 44-17-7); after death the deed beats unsecured estate debts but takes subject to recorded security deeds/liens (§ 44-17-5); Medicaid estate recovery reaches a broadly-defined 'estate' (§ 49-4-147.1)
Hawaii verified 2026-07-11
Uniform Real Property Transfer on Death Act, HRS chapter 527 (§§ 527-1 to 527-17), applicable when the transferor dies on or after July 1, 2011
Yes — an individual may transfer Hawaii real property to one or more beneficiaries by a revocable TOD deed (HRS §§ 527-2, 527-5 to 527-7)
Individual transferor signs with will-making capacity and acknowledges the deed before a notary or other authorized officer; no witnesses required (HRS §§ 527-2, 527-8, 527-9(1), 502-41 to 502-42)
Before death, record regular-system property with the Bureau of Conveyances or file Land Court property with the assistant registrar; no fixed signing-to-recording deadline. Land Court property also requires a post-death petition before transfer (HRS §§ 527-5, 527-9(3), 527-13(a)(1))
Always revocable. A later-acknowledged TOD deed, express revocation, or inter vivos deed expressly revoking must be recorded/filed before death. Physical cancellation and a will do not work; all living joint-owner transferors must revoke their joint deed (HRS § 527-11)
An individual may transfer an interest in Hawaii real property that is transferable at death, under either the regular recording system or Land Court. A joint owner's deed yields to surviving joint owners and works for the last survivor (HRS §§ 527-2, 527-5, 527-13(c))
Beneficiary must survive or the interest lapses. Multiple beneficiaries take equal undivided shares without survivorship; a failed share goes proportionately to the others. Beneficiary takes subject to liens and encumbrances and without title warranty (HRS § 527-13)
Not shielded. During life the deed does not affect the owner's creditors. After death, if the probate estate is insufficient, the estate may enforce allowed claims and spouse/child allowances against TOD property, apportioned by net value, within 18 months. Hawaii Medicaid must file qualifying recovery claims against the recipient's estate, so § 527-15 makes TOD property reachable when that allowed claim cannot be paid from the probate estate (HRS §§ 527-12(3), 527-15, 346-37(a))
Idaho verified 2026-07-11
No real-property TOD/beneficiary-deed statute. Idaho's current nonprobate-transfer chapter provides accounts, securities, and community-property survivorship, but no revocable deed naming a death beneficiary; ordinary probate devolution is Idaho Code § 15-3-101
Not available — Idaho has not enacted URPTODA or an equivalent real-property TOD deed. 2026 S 1399 would have created one but died when the session ended
N/A — there is no Idaho real-property TOD deed to sign or notarize
N/A — recording a document labeled 'transfer-on-death deed' does not activate a nonexistent Idaho statutory mechanism
N/A — Idaho has no revocable real-property TOD instrument. A different ownership tool follows its own creation and termination rules
N/A for TOD deeds. Idaho does expressly let a husband and wife hold real property as community property with right of survivorship, which passes to the surviving spouse (Idaho Code § 15-6-401)
N/A — no TOD-deed beneficiary, survival, lapse, or take-subject-to-liens rule for Idaho real estate
N/A for a TOD deed. Property passing through probate remains subject to estate administration and creditors; Idaho Medicaid recovery separately uses an expanded estate that includes survivorship, life estates, living trusts, and similar arrangements (Idaho Code §§ 15-3-101, 56-218)
Illinois verified 2026-07-11
Real Property Transfer on Death Instrument Act, 755 ILCS 27/1 et seq. — a revocable 'transfer on death instrument' (TODI); enacted 2012, expanded from residential-only to all real property eff. Jan. 1, 2022
Yes — a revocable transfer on death instrument (TODI), executed with will-like formality and recorded like a deed
Owner signs; two or more credible witnesses attest in writing; and the owner's and witnesses' signatures are all acknowledged before a notary (755 ILCS 27/45); will-level capacity, an agent under a power of attorney cannot make one (27/35), and a beneficiary who witnesses loses that gift
Must be recorded before the owner's death with the recorder in each county where the property sits; no fixed deadline measured from signing; noncompliance makes it void (755 ILCS 27/40)
Revocable until death, but only by a RECORDED instrument — a later TODI or an express revocation, executed and witnessed like the original; a will, an unrecorded writing, or destroying it cannot revoke it (755 ILCS 27/55)
Any real property in Illinois (residential-only before 2022); owner must be an individual, not a trustee or fiduciary; joint owners may use it, but it neither severs a joint tenancy nor overrides survivorship, and the last owner to die controls (755 ILCS 27/5, 27/70)
Beneficiary must survive the owner; two or more take equal shares as tenants in common (no survivorship); a lone beneficiary who predeceases lapses to the estate, but one who is the owner's descendant is saved by anti-lapse (their descendants take per stirpes); takes subject to all liens, without warranty (755 ILCS 27/65)
No interest passes and no creditor or lien right is affected during life, and it doesn't affect Medicaid eligibility (755 ILCS 27/60); after death the beneficiary answers for the owner's creditor, funeral, and statutory claims like a revocable-trust beneficiary (27/85), and a surviving spouse may renounce for a 1/3–1/2 forced share (27/66); Illinois Medicaid estate recovery reaches the probate estate, which a TODI bypasses (305 ILCS 5/5-13)
Indiana verified 2026-07-11
Indiana Transfer on Death Property Act, Ind. Code § 32-17-14 (enacted 2009, amended through 2025). A broad nonprobate-transfer statute; for real estate the operative provision is the transfer on death deed, IC 32-17-14-11
Yes. An owner may record a transfer on death deed that passes real property to a designated beneficiary at death (IC 32-17-14-11). The Act also covers accounts, securities, vehicles, and other assets, but this page addresses the real-property deed
The owner (or the owner's legal representative) executes the deed, which must be 'in writing, signed by the owner, dated, and ... compliant with all requirements for the recording of deeds' (IC 32-17-14-26(b)(1)) — meaning acknowledged before a notary, as any recordable Indiana deed must be. The county auditor's endorsement is also required to record it (IC 32-17-14-11(i)). No witnesses are required for the real-property deed
Must be recorded with the recorder of deeds in the county where the property is located BEFORE the owner's death; a transfer on death deed 'is void if it is not recorded ... before the death of the owner' (IC 32-17-14-11(a)-(b)). No fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30)
Revocable any time before death (IC 32-17-14-16). Change it by recording a later beneficiary designation/TOD deed, or by conveying the property away during life, which terminates the designation (IC 32-17-14-16(h)). It CANNOT be revoked by a will or trust unless the deed expressly reserved that right (IC 32-17-14-16(g)). Entireties property requires both spouses to agree; joint-owner property requires all living owners to agree (IC 32-17-14-16(b), (d))
Any interest in Indiana real property, and it may transfer the property to a revocable or irrevocable trust (IC 32-17-14-11(d)). But co-ownership form matters: recording a TOD deed on tenancy-by-the-entirety property is void unless the other spouse joins; on joint-tenancy-with-survivorship property it SEVERS the joint tenancy into a tenancy in common; and on a life estate measured by the owner's life it is void (IC 32-17-14-11(e))
The beneficiary must survive the owner (IC 32-17-14-20). Indiana has a built-in anti-lapse rule: if a beneficiary who is the owner's lineal descendant predeceases, the transfer passes to that beneficiary's own lineal descendants per stirpes unless the deed says otherwise (IC 32-17-14-22). Multiple beneficiaries share equally unless the deed states different shares (IC 32-17-14-26(b)(5)). The beneficiary takes subject to all liens, encumbrances, contracts, and security interests to which the property was subject at death (IC 32-17-14-19(a))
During life the beneficiary has no interest and the property stays fully reachable by the owner. The Act does not limit the owner's creditors' rights against the beneficiary, and the beneficiary's liability for the owner's creditor claims and statutory allowances is determined under Indiana's nonprobate-transfer liability statute, IC 32-17-13 (IC 32-17-14-29). Indiana Medicaid (FSSA) estate recovery is a creditor claim that can reach the property — confirm with elder-law counsel. Note also that the owner's property insurance covers the transferred home only for a limited period after death (IC 27-1-13-18); the beneficiary should insure it promptly
Iowa verified 2026-07-11
No transfer-on-death or beneficiary deed for REAL property. Iowa has not enacted the Uniform Real Property Transfer on Death Act, and its courts have held such deeds void. Real property passes at death by will (through probate) or by intestate succession under Iowa Code ch. 633; the real-property probate-avoidance tool Iowa provides is joint tenancy with right of survivorship (Iowa Code § 557.15)
Not available. No Iowa statute allows a revocable transfer-on-death or beneficiary deed for real estate. The Legislature has considered the Uniform Real Property Transfer on Death Act several times since 2016 without passing it — most recently HF 125 and HF 816 in the 2025–2026 (91st) General Assembly, both of which died in committee. The Iowa Court of Appeals confirmed in 2021 that an attempted TOD deed of real estate is void for lack of statutory authority. Owners avoid probate on a home through joint tenancy with survivorship or a living trust
N/A — there is no real-property TOD deed to execute. To avoid probate a person instead records a survivorship deed (Iowa Code § 557.15) or deeds the home into a revocable living trust, each signed and acknowledged under Iowa's ordinary deed rules, not a TOD-deed statute
N/A — no TOD deed. Ordinary deeds (a survivorship deed or a deed into a trust) are recorded with the county recorder; a will is not recorded during life and takes effect only through probate after death
N/A. A living trust is revocable by its own terms and a will is revocable until death, but there is no recorded real-property TOD instrument to revoke; a survivorship deed, once delivered, gives the co-owner a present interest that cannot be undone unilaterally
N/A for real property. Iowa has no TOD/beneficiary deed for any real property or owner. Payable-on-death accounts and transfer-on-death securities registration are separate mechanisms outside this survey
N/A — no TOD deed. A home passes by will (through probate), by intestate succession under ch. 633, under a trust's terms, or to a surviving joint tenant; there is no TOD-deed survival, lapse, or anti-lapse rule for real estate
N/A for a TOD deed. Real property in the probate estate remains subject to the decedent's creditors and to any Iowa Medicaid estate-recovery claim against the estate; a survivorship deed or living trust carries its own creditor and Medicaid treatment outside this survey
Kansas verified 2026-07-11
Kansas transfer-on-death deed law, K.S.A. §§ 59-3501 to 59-3507 (Kansas's 1997 bespoke statute, not URPTODA)
Yes — a statutory revocable transfer-on-death deed for an interest in Kansas real estate (K.S.A. § 59-3501)
Record owner signs and acknowledges the deed before a notarial officer or another authorized Kansas official; no witnesses required (K.S.A. §§ 59-3501, 59-3502, 58-2211)
Execute, acknowledge, and record before the owner's death with the register of deeds in the county where the real estate is located; no fixed signing-to-recording deadline (K.S.A. § 59-3502)
Revocable before death by recording an acknowledged revocation or a later TOD deed; the later designation revokes all earlier ones for that interest; a will cannot revoke it (K.S.A. § 59-3503)
Any interest in Kansas real estate held by its record owner. A joint owner may use a TOD deed, but it does not sever survivorship and works only if that owner is the last surviving joint owner (K.S.A. §§ 59-3501, 59-3505)
For deeds recorded on/after July 1, 2023: if no alternate is named, a deceased beneficiary's share lapses when survival was required; if survival was not required and the beneficiary leaves surviving issue, the issue take per stirpes. Multiple beneficiaries default to tenants in common unless the deed clearly creates joint tenancy. All take subject to the owner's liens and encumbrances (K.S.A. §§ 59-3504(c), (e), 58-501)
Not shielded. During life the owner is treated as absolute owner as to creditors and purchasers; at death existing liens follow the property. Kansas expressly includes TOD-deed property in the Medicaid-recovery estate and permits a post-death lien filed within one year (K.S.A. §§ 59-3504(b), 59-3506, 58-2414, 39-709(k)(3)-(4))
Kentucky verified 2026-07-11
No transfer-on-death or beneficiary deed for REAL property. Kentucky has not enacted the Uniform Real Property Transfer on Death Act. Real property currently passes at death by will (through probate) or by intestate descent under KRS Chapter 391 (Descent and Distribution), e.g. KRS 391.010. Kentucky's nonprobate transfer tools reach accounts and securities, not a recordable real-property deed
Not available. No Kentucky statute allows a revocable transfer-on-death or beneficiary deed for real estate. The Legislature has repeatedly considered the Uniform Real Property Transfer on Death Act (HB 357 in 2017; HB 94 in 2018; HB 72 and SB 208 in 2023; HB 50 in 2024; SB 34 in 2026) without enacting it. SB 34 passed the Senate 36-2 on Mar. 12, 2026 but was not taken up by the House before adjournment. Owners avoid probate on a home through a living trust, joint tenancy with right of survivorship, or tenancy by the entirety
N/A — there is no real-property TOD deed to execute. A person avoiding probate instead deeds the home into a revocable living trust or records a survivorship deed, each signed and notarized under Kentucky's ordinary deed rules (recorded per KRS 382.110), not a TOD-deed statute
N/A — no TOD deed. Ordinary deeds (including a deed into a living trust) are recorded with the county clerk; a will is not recorded during life and takes effect only through probate after death
N/A. A living trust is amendable or revocable by its own terms and a will is revocable until death, but there is no recorded real-property TOD instrument to revoke
N/A for real property. Kentucky has no TOD/beneficiary deed for any real property or owner. It does allow payable-on-death accounts and transfer-on-death securities registration (separate mechanisms outside this survey)
N/A — no TOD deed. A home passes by will (through probate) or by intestate descent under KRS Chapter 391, or under a trust's terms; there is no TOD-deed survival, lapse, or anti-lapse rule for real estate
N/A for a TOD deed. Real property in the probate estate remains subject to the decedent's creditors and to Kentucky's Medicaid estate-recovery claim; a living trust or survivorship deed carries its own creditor and Medicaid treatment outside this survey
Louisiana verified 2026-07-11
No transfer-on-death or beneficiary deed. Louisiana is a civil-law jurisdiction and did not adopt the Uniform Real Property Transfer on Death Act. The controlling rule is La. Civ. Code art. 1570: a 'disposition mortis causa' (a transfer effective at death) 'may be made only in the form of a testament authorized by law.' A deed is not a testament, so it cannot make a death-effective transfer of real property
Not available. A 'beneficiary deed' or TOD deed signed by a Louisiana owner does not transfer real estate — a death-effective gift must be a testament (art. 1570), and at death the decedent's successors acquire the estate through a court succession (art. 935). To avoid succession on a home, Louisiana owners use a revocable (living) trust or a donation inter vivos with the donor reserving a usufruct (naked-ownership donation)
N/A — there is no real-property TOD deed to execute. A death-effective transfer of Louisiana real estate must instead be made in a valid will (testament) under art. 1570; a lifetime gift of immovable property is made by notarial act (authentic act), not a recordable TOD deed
N/A — no TOD deed. A will is not recorded during life; it operates only through a succession opened after death. A notarial donation or a transfer into a trust is recorded in the parish conveyance records like any act affecting immovable property
N/A. A will is revocable until death by its own rules, and a trust is revocable by its terms, but a donation inter vivos is generally irrevocable once made. There is no recorded real-property TOD instrument to revoke
N/A for real property. Louisiana has no TOD/beneficiary deed for any immovable property or owner. (Louisiana does allow transfer-on-death / payable-on-death designations for securities and bank accounts, which are separate mechanisms outside this survey.)
N/A — no TOD deed. Real property passes to heirs or legatees through succession: 'Immediately at the death of the decedent, universal successors acquire ownership of the estate' (art. 935), subject to Louisiana's forced-heirship rules. There is no TOD-deed survival or anti-lapse rule for real estate
N/A for a TOD deed. Property passing through succession remains subject to the decedent's debts and to Louisiana's Medicaid estate-recovery claim; a trust or a usufruct donation carries its own creditor and Medicaid treatment outside this survey
Maine verified 2026-07-11
Uniform Real Property Transfer on Death Act, 18-C M.R.S. §§ 6-401 to 6-421
Yes — an individual may transfer Maine real property for no consideration to one or more beneficiaries through a revocable TOD deed (18-C M.R.S. §§ 6-402, 6-405 to 6-407)
Individual transferor signs with will-making capacity and acknowledges before a notary or other authorized officer; no witnesses required (18-C M.R.S. §§ 6-408, 6-409; 33 M.R.S. § 775)
Record before death in the county registry where the property is located, and in each county if it crosses county lines; no fixed signing-to-recording deadline (18-C M.R.S. §§ 6-409(3), 6-417)
Always revocable. Record before death a later-acknowledged inconsistent TOD deed, express revocation, or inter vivos deed expressly revoking; physical cancellation and a will do not work; all living joint owners must revoke their joint deed (18-C M.R.S. § 6-411)
An individual may transfer an interest in Maine real property that is transferable at death. A joint owner's deed yields to surviving joint owners and works only for the last survivor (18-C M.R.S. §§ 6-402(3), (5), (7), 6-405, 6-413(3))
Beneficiary must survive or the interest lapses. Multiple beneficiaries take equal undivided shares without survivorship; a lapsed share goes proportionately to the others. Beneficiary takes subject to liens and without title warranty (18-C M.R.S. § 6-413)
Not shielded. During life the deed does not affect creditors. After death the beneficiary is liable, up to value received, for allowed probate claims and spouse/child allowances when the probate estate is insufficient; written demand is required and the usual deadline is one year after death. An allowed MaineCare estate-recovery claim can use this nonprobate-transferee liability (18-C M.R.S. §§ 6-102, 6-412(3), 6-416)
Maryland verified 2026-07-11
Maryland Transfer-on-Death Deed Act, Md. Code, Real Property §§ 14-1001 to 14-1014 — Maryland's enactment of the Uniform Real Property Transfer on Death Act (URPTODA). ENACTED by 2026 HB 738 (Ch. 751), approved by the Governor May 26, 2026, EFFECTIVE OCTOBER 1, 2026 (not yet in force as of this page's date). Execution follows the general deed statute, § 4-101
Becoming available OCTOBER 1, 2026 — not before. Maryland historically had NO TOD/beneficiary deed, but 2026 HB 738 (Ch. 751) enacts one. A TOD deed has legal effect only for a transferor who dies on or after October 1, 2026; a deed signed and recorded earlier is honored if the owner dies on or after that date, but does nothing if the owner dies before it (2026 Md. Laws ch. 751, Sections 3–4). Until October 1, 2026 the alternatives are a life estate deed, joint tenancy or tenancy by the entirety, or a living trust
(Effective Oct. 1, 2026.) The transferor (owner) signs the deed and acknowledges it before a notary, and the deed must state that the transfer is to occur at the transferor's death (§ 14-1005; general deed rules, § 4-101). Witnesses are NOT required for validity — Maryland's deed statute provides that the absence of attestation does not affect a deed's validity (§ 4-101(b)); the Act's optional statutory form includes witness lines and provides that any witnesses and the notary may not be relatives or beneficiaries of an owner or a named beneficiary. Capacity to make or revoke is the same as the capacity to make a WILL (§ 14-1004(C)). The beneficiary does not sign and need not be notified (§ 14-1006(B))
(Effective Oct. 1, 2026.) Effective only if recorded in the land records of the county where the property is located, in accordance with § 3-104, BEFORE the transferor's death (§ 14-1006(A)). No fixed signing-to-recording deadline, but an unrecorded deed — or one recorded only after death — has no effect. If the property lies in more than one county (or Baltimore City), record in each
(Effective Oct. 1, 2026.) Revocable any time before death, even if the deed says otherwise (§ 14-1004(B)). Methods, each an executed and acknowledged instrument recorded before death: a later TOD deed that revokes the prior one, a recorded instrument of revocation, or an inter vivos deed delivered before death (§ 14-1008(A)). A recorded TOD deed CANNOT be revoked by a will or other testamentary document — even one executed later — or by a revocatory act on the deed itself (§ 14-1008(B)). For jointly owned property, revocation is effective only if made by all living joint owners (§ 14-1008(C))
(Effective Oct. 1, 2026.) Any interest in Maryland real property that is transferable at the owner's death (§ 14-1001(E)); the transferor is an individual owner (§ 14-1001(F)). Multiple beneficiaries take under whatever tenancy the deed names; if none is stated they take as JOINT TENANTS with right of survivorship (§ 14-1003(B)) — Maryland's default, unlike the tenants-in-common default in some states. If the transferor is one of several joint owners (joint tenants, tenants by the entirety, or survivorship community property) and is survived by another joint owner, that survivor's right of survivorship prevails and the TOD deed does not operate until the last surviving owner dies (§ 14-1009(E))
(Effective Oct. 1, 2026.) The beneficiary must survive the transferor; a non-surviving beneficiary's interest LAPSES, and if the deed named an alternate, the interest passes to a surviving alternate (§ 14-1009(A)). Two or more concurrent beneficiaries take as joint tenants with right of survivorship (§ 14-1009(D)). The beneficiary takes the property WITHOUT covenant or warranty and subject to all mortgages, liens, and encumbrances of record at death (§ 14-1009(B), (C)). The transfer is also subject to a surviving spouse's elective share and a pretermitted child's or issue's statutory share, the slayer rule, and revocation-by-divorce rules (§ 14-1009(A))
(Effective Oct. 1, 2026.) During the owner's life the deed creates NO interest in the beneficiary, does not affect the owner's or beneficiary's eligibility for public assistance, leaves the owner's creditors' rights fully intact (the property stays reachable by the owner's creditors), and does not subject the property to the beneficiary's creditors — the owner keeps full power to sell, mortgage, or encumber (§ 14-1007). After death the beneficiary takes subject to all liens and encumbrances of record (§ 14-1009(B)) and to a surviving spouse's elective share (§ 14-1009(A)). Maryland's Medicaid (Medical Assistance) estate-recovery program reaches a decedent's assets; whether it reaches a TOD-deed asset is a technical question the deed does not itself resolve — confirm with elder-law counsel
Massachusetts verified 2026-07-11
No real-property TOD/beneficiary-deed statute; Massachusetts never adopted the Uniform Real Property Transfer on Death Act. Its only transfer-on-death statute is the Uniform TOD Security Registration Act, part of the Massachusetts Uniform Probate Code — G.L. c. 190B, §§ 6-301 to 6-311 — which covers securities and brokerage accounts, not real estate. Bills to create a real-property 'beneficiary deed' have been filed repeatedly (e.g., H 1764 in 2021-2022) but none has become law
Not available for real property. Massachusetts owners keep a home out of probate with a revocable living trust or survivorship co-ownership (joint tenancy, or tenancy by the entirety for a married couple). Massachusetts does not recognize a Lady Bird / enhanced life estate deed
N/A — no TOD-deed statute (any Massachusetts deed used as a substitute is signed by the owner and acknowledged before a notary; a will must be signed and witnessed by two, but a will does not avoid probate)
N/A — no TOD-deed statute (deeds are recorded at the county Registry of Deeds, but there is no record-before-death beneficiary-deed mechanism for real estate)
N/A — no TOD-deed statute (a revocable living trust can be amended or revoked by the owner during life; a survivorship co-ownership is changed by recording a new deed)
N/A — no TOD-deed statute (survivorship options: joint tenancy is available to any co-owners, while tenancy by the entirety is available only to a married couple)
N/A — no TOD-deed statute (with survivorship co-ownership, the property passes to the surviving co-owner; with a living trust, the trust terms control who takes and in what shares)
N/A — no TOD-deed statute (property left in the estate stays subject to the owner's creditors and, for a MassHealth recipient, to Massachusetts's estate recovery; a living trust or survivorship arrangement is the planning tool — confirm with an elder-law attorney)
Michigan verified 2026-07-11
No real-property TOD/beneficiary-deed statute; Michigan never adopted the Uniform Real Property Transfer on Death Act. The Lady Bird (enhanced life estate) deed is a common-law tool recognized by case law and Michigan Land Title Standard 9.3, resting on the Powers of Appointment Act (Mich. Comp. Laws § 556.115). Michigan's only TOD statute — the EPIC Uniform TOD Security Registration provisions, Mich. Comp. Laws §§ 700.6301–700.6311 — covers securities, not land
Not available for real property. Michigan owners use a common-law 'Lady Bird' (enhanced life estate) deed or a revocable living trust instead
N/A — no TOD-deed statute (a substitute Lady Bird deed is executed like any Michigan deed: signed by the owner and acknowledged before a notary; Michigan requires NO witnesses to record a deed, § 565.201)
N/A — no TOD-deed statute (a Lady Bird deed is recorded with the county register of deeds like any deed; because the owner keeps a present life estate, it is not the record-before-death rule of a true TOD deed)
N/A — no TOD-deed statute (a Lady Bird deed's retained enhanced life estate lets the owner sell, mortgage, or revoke by recording a new deed at any time without the beneficiary's consent)
N/A — no TOD-deed statute (a Lady Bird deed can be used by a natural-person owner of real property; unlike Florida, Michigan has no constitutional homestead restriction on leaving your home to whom you choose, though a spouse may need to join for entireties property)
N/A — no TOD-deed statute (under a Lady Bird deed, whatever interest the owner still holds passes automatically at death to a beneficiary who survives; if the power to convey is never exercised, the 'gift over' to the named beneficiary takes effect — Land Title Standard 9.3)
N/A — no TOD-deed statute (Michigan's Medicaid estate recovery, § 400.112g, reaches only the probate estate; a Lady Bird deed passes the home outside probate, the main reason the deed is used — but Medicaid rules are technical and changeable, so confirm with elder-law counsel)
Minnesota verified 2026-07-11
Minnesota's own 'Transfer on Death Deeds' statute, Minn. Stat. § 507.071 (enacted 2008) — a bespoke pre-Uniform-Act scheme, NOT the Uniform Real Property Transfer on Death Act. Last substantively amended by 2024 c 91 (grantee's insurable interest plus technical/conforming changes) and 2025 c 38 (state-agency name update); current in the 2025 Minnesota Statutes. The recipient is the 'grantee beneficiary,' the owner the 'grantor owner'
Yes. A deed 'that expressly states that the deed is only effective on the death of one or more of the grantor owners, transfers the interest to the grantee beneficiary upon the death of the grantor owner' (§ 507.071, subd. 2). Minnesota's term is 'transfer on death deed' (TODD); a spouse may join solely to release marital interests without becoming a grantor owner (subd. 1)
The grantor owner signs; the grantee beneficiary never signs and need not be told of the deed (subd. 18). The deed 'must comply with all provisions of Minnesota law applicable to deeds of real property,' including §§ 507.02, 507.24, 507.34 (subd. 2), so it must be acknowledged before a notary; it must be 'executed, acknowledged, and recorded' (subd. 19). NO witnesses are required. If the grantor owner is married, the spouse must join or consent in writing to release marital/homestead interests (§ 507.02; subd. 2). An attorney-in-fact with deed authority may execute it (subd. 7)
Recording before death is what makes it work: valid 'if the deed is recorded ... before the death of the grantor owner' in a county where at least part of the property lies (subd. 8); until then it 'has no effect on title' (subd. 2), and if never recorded (or all beneficiaries are gone) it is void (subd. 12). Record with the county recorder (abstract land) or registrar of titles (Torrens land). There is NO fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30)
Revocable any time before death (subd. 10). Recorded methods: (a) a recorded instrument of revocation before death (subd. 10(a), subd. 25); (b) a later TODD — the one with the latest acknowledgment date that is recorded before death controls (subd. 13); or (c) an inter vivos conveyance out of the owner's hands, which makes the TODD ineffective as to the conveyed interest (subd. 10(b)). A TODD 'is not revoked by the provisions of a will' (subd. 19); a later divorce revokes a transfer to the former spouse (subd. 10(c), § 524.2-804)
Any interest in Minnesota real property transferable at death — fee interests, mortgages, contract-for-deed interests, liens (subd. 1(e)). The owner may hold individually, as a joint tenant, or as a tenant in common. Joint tenancy: a TODD does NOT sever it, and a surviving joint tenant's right of survivorship 'shall prevail over a grantee beneficiary ... unless the deed specifically states that it severs the joint tenancy' (subd. 6). A TODD reaches only property owned at death; after-acquired property is excluded unless the deed says otherwise (subd. 21)
The transfer is 'subject to the survivorship provisions ... of section 524.2-702' — the beneficiary must survive the owner by 120 hours (subd. 2). Multiple beneficiaries take in the form the deed states; if a grantee joint tenant predeceases with no named successor, the surviving joint tenants take and 'no interest lapses' (subd. 4). Minnesota has an ANTI-LAPSE rule: if a predeceasing beneficiary is a grandparent or descendant of a grandparent of the owner, that beneficiary's surviving issue take in their place (subd. 11). If all beneficiaries and successors fail to survive, no transfer occurs and the deed is void (subd. 12). The beneficiary takes subject to all mortgages and liens existing at death, without exoneration (subd. 3, subd. 15)
During life the deed has no effect on title and the owner keeps full control (subd. 2); the beneficiary's not-yet-effective interest is beyond the reach of the beneficiary's creditors (subd. 22). Minnesota's distinctive feature is after death: the property stays subject to the deceased owner's creditors and, expressly, to the state's and county's MEDICAL ASSISTANCE (Medicaid) claims and liens under §§ 246.53, 256B.15, 256D.16, 261.04, 514.981 if other estate assets are insufficient, and the beneficiary is 'liable to account' up to the value received (subd. 3). To clear title the beneficiary generally must obtain and record a county-agency CLEARANCE CERTIFICATE (subd. 3, subd. 23)
Mississippi verified 2026-07-11
Mississippi Real Property Transfer-On-Death Act, Miss. Code §§ 91-27-1 to 91-27-37 (enacted 2020, Laws ch. 406; effective July 1, 2020) — a Uniform Real Property Transfer on Death Act enactment
Yes — a statutory revocable transfer-on-death deed for real property
Transferor (owner) signs and acknowledges the deed before a notary, like any recordable deed; no witnesses required, and it need not meet a will's formalities. Capacity is the same as making a contract — not the will standard — and a power of attorney cannot make one unless it expressly says so (Miss. Code §§ 91-27-11, 91-27-15, 91-27-17)
Effective only if recorded before the transferor's death in the land records of the chancery clerk of the county where the property sits; an unrecorded TOD deed has no effect; no fixed signing-to-recording deadline (Miss. Code § 91-27-17(3))
Revocable until death; revoke by a recorded revocation instrument or a later recorded TOD deed (acknowledged and recorded before death) — not by an act on the deed and not by a will; a lifetime conveyance of the property voids it, and a divorce revokes the gift to a former spouse (Miss. Code §§ 91-27-21, 91-27-25)
Any interest in Mississippi real property; the transferor must be an individual. The deed passes only the owner's interest — a joint owner's right of survivorship controls, so a joint owner's deed takes effect only if that owner is the last to die, and joint owners with survivorship can revoke only by acting together (Miss. Code §§ 91-27-9, 91-27-21(e), 91-27-27(1))
A beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares with no right of survivorship, and a lapsed share passes to the other beneficiaries; the beneficiary takes without warranty and subject to all liens and encumbrances on the property at death (Miss. Code §§ 91-27-27, 91-27-29)
Not shielded from creditors: during life the deed creates no interest in the beneficiary and does not affect the transferor's creditors or public-assistance eligibility (§ 91-27-23); after death the beneficiary takes subject to every lien and mortgage of record (§ 91-27-29). On Medicaid, Mississippi limits estate recovery to the deceased recipient's probate estate and has no Medicaid lien law (§ 43-13-317), so a TOD-deed home — which passes outside probate — generally falls outside Mississippi's estate-recovery reach, though eligibility and federal rules still apply
Missouri verified 2026-07-11
RSMo § 461.025 ('Deeds effective on death of owner'), part of Missouri's Nonprobate Transfers Law (Chapter 461). This is Missouri's own 'beneficiary deed' statute, NOT the Uniform Real Property Transfer on Death Act; Missouri was among the first states to authorize these deeds (enacted 1989 H.B. 145, current text effective since 1995). Related Chapter 461 sections govern revocation (§ 461.033), beneficiary survival and multiple beneficiaries (§ 461.062), and post-death creditor recovery (§ 461.300)
Yes. A deed that conveys an interest in real property to a grantee designated by the owner and 'expressly states that the deed is not to take effect until the death of the owner' transfers the interest at the owner's death, if recorded before death (§ 461.025.1). Missouri's term is 'beneficiary deed'; the recipient is the 'grantee beneficiary'
The owner signs the deed and acknowledges it before a notary. Section 461.025 requires the deed be 'executed and filed of record,' and to be recordable a conveyance affecting real estate must be acknowledged before a notary public or other authorized officer (§ 442.150). No witnesses are required. Capacity is the ordinary CONTRACTUAL standard, not the will standard (Ivie v. Smith, 439 S.W.3d 189 (Mo. banc 2014); see § 461.054, which voids a designation procured by fraud, duress, or undue influence). The grantee beneficiary does not sign, and the deed need not be delivered to them (§ 461.025.1)
Valid only if executed and filed of record with the recorder of deeds in the city or county where the property is located BEFORE the owner's death (§ 461.025.1). An unrecorded beneficiary deed, or one recorded only after death, does not pass title under this section. There is NO fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30) — but it must be on record before you die
Freely revocable during the owner's life (§ 461.033.1). Methods: record a later beneficiary deed for the same property (a subsequent designation revokes the prior one unless it says otherwise, § 461.033.2); record a revocation instrument; or convey the property away during life (a lifetime transfer terminates the designation, § 461.033.5). A will does NOT revoke a beneficiary deed unless the deed expressly grants that power (§ 461.033.4). For jointly owned property, a revocation or change may be made only with the agreement of all owners then living (§ 461.033.1)
Any interest in real property the owner holds; the deed may also convey to a trust estate, even a revocable trust (§ 461.025.1). No residential-only or acreage limit (unlike California). The owner is any owner of Missouri real property. For co-owned property, a beneficiary designation involving joint owners can be made or changed only with all living owners' agreement (§ 461.033.1), so a surviving joint owner's rights are not defeated by one owner acting alone
The beneficiary must survive the owner. If no designated beneficiary (and no lineal-descendant substitute, where the designation calls for one) survives, the property belongs to the owner's estate and passes by will or intestacy (§ 461.062.3(9)). Multiple beneficiaries share equally unless the deed states percentages or shares, and a nonsurviving co-beneficiary's share passes to the surviving co-beneficiaries (§ 461.062.3(5), (9)(a)). The beneficiary takes only the interest the owner held at death, so existing mortgages and liens of record stay on the property (§ 461.300 treats such property as having been subject to the owner's debts immediately before death)
During life the beneficiary has no interest and the property stays fully the owner's — the deed does not take effect until death (§ 461.025.1) and a lifetime sale or transfer simply ends the designation (§ 461.033.5). After death the property is NOT sheltered from debts: each recipient of a 'recoverable transfer' must account for a pro rata share of its value to cover statutory allowances to the surviving spouse and dependent children and claims left unpaid after the probate estate is exhausted, enforced by an action for accounting within 18 months of death (§ 461.300). Missouri's Medicaid agency (MO HealthNet) can reach a beneficiary-deed asset through this mechanism — the Missouri Supreme Court applied § 461.300 to Medicaid estate recovery of a nonprobate asset (In re Estate of Jones, 280 S.W.3d 647 (Mo. banc 2009))
Montana verified 2026-07-12
Uniform Real Property Transfer on Death Act, Mont. Code Ann. §§ 72-6-401 to -418 (enacted 2019)
Yes — an individual may transfer transferable Montana real property to one or more beneficiaries at death (Mont. Code Ann. §§ 72-6-402(5), (7), -404)
Transferor signs a properly recordable deed with will-making capacity. No separate TOD witness rule; recording law ordinarily uses the transferor's acknowledgment, with notarized subscribing-witness proof as an alternative (Mont. Code Ann. §§ 72-6-407 to -408; 70-21-203)
Record before death with the county clerk and recorder where the property is located; no separate signing-to-recording deadline (Mont. Code Ann. § 72-6-408(3))
Always revocable. Record before death a later inconsistent TOD deed, express revocation, or inter vivos deed expressly revoking; a will or physical cancellation does not work. Each transferor may revoke that transferor's interest, but all living joint owners must revoke a joint-owner deed (Mont. Code Ann. §§ 72-6-405, -410)
Individual transferor; any interest in Montana real property transferable at death. A surviving joint owner's right of survivorship prevails, and the TOD deed works for the last surviving joint owner (Mont. Code Ann. §§ 72-6-402(3), (5), (7), -412(3))
Generally requires 120-hour survival; qualifying family beneficiaries may receive Montana's anti-lapse substitute gift through their descendants. Otherwise a failed share lapses and passes proportionately to surviving co-beneficiaries. Beneficiaries take equal undivided shares without survivorship, subject to liens and without title warranty (Mont. Code Ann. §§ 72-2-712, -716; 72-6-412)
Not shielded. During life, creditor and public-assistance rights are unchanged. After death, allowed estate claims and family allowances may reach the beneficiary up to value received, generally through a proceeding begun within 1 year. Montana Medicaid separately reaches property received by a beneficiary or other nonprobate arrangement, up to value received, with a 3-year collection period and statutory survivor protections (Mont. Code Ann. §§ 72-6-411, -414, -112; 53-6-167)
Nebraska verified 2026-07-11
Nebraska Uniform Real Property Transfer on Death Act, Neb. Rev. Stat. §§ 76-3401 to 76-3424
Yes — a statutory revocable transfer on death deed for Nebraska real property (Neb. Rev. Stat. §§ 76-3402(6), 76-3405)
Transferor signs before at least 2 disinterested witnesses; all sign under oath before a notary/authorized officer with official seal. Witness cannot be a beneficiary or a beneficiary's heir, child, or spouse. Will capacity applies. Deed must carry statutory inheritance-tax, Medicaid/creditor, and post-Sept. 3, 2025 insurance warnings (Neb. Rev. Stat. §§ 76-3402(3), 76-3408 to 76-3410)
Record with county register of deeds within 30 days after execution AND before the transferor dies; both deadlines apply (Neb. Rev. Stat. § 76-3410(a)(4))
Revocable by recorded later TOD deed, express revocation executed with the same 2-witness formalities, or inter vivos deed; ordinary revocations must be acknowledged after the original and recorded before death. Physical cancellation does not work; all living joint-owner transferors must revoke together (Neb. Rev. Stat. § 76-3413)
An individual may transfer an interest in Nebraska real property. Joint-owner survivorship controls until the last surviving joint owner. For agricultural land, growing crops pass to the estate unless the deed directs otherwise (Neb. Rev. Stat. §§ 76-3402, 76-3405, 76-3415(c))
Beneficiary must survive by 120 hours unless the deed sets a different period. Multiple beneficiaries take equal undivided shares without survivorship; a failed share goes proportionately to the others. Beneficiary takes subject to liens and encumbrances, without title warranty (Neb. Rev. Stat. § 76-3415)
Not shielded. During life the deed does not affect the owner's creditors. After death the beneficiary is personally liable, up to a proportionate share of date-of-death equity, for unpaid estate claims, allowances, administration expenses, and Medicaid reimbursement; Nebraska's Medicaid estate expressly includes TOD-deed assets (Neb. Rev. Stat. §§ 76-3410(b), 76-3414, 76-3417, 68-919(4))
Nevada verified 2026-07-11
Uniform Real Property Transfer on Death Act — Nevada's "deed upon death," NRS 111.655–111.699 (enacted 2011; § 111.673 amended 2017, § 111.689 amended 2021)
Yes — a statutory revocable "deed upon death" for real property
Grantor (owner) signs and acknowledges the deed before a notary; no witnesses required; capacity is the same as making a will (NRS 111.679, 111.681, 111.695)
Valid only if recorded before the grantor's death (or the last surviving owner's death) in the county recorder's office where the property sits; no fixed signing-to-recording deadline (NRS 111.681)
Revocable any time before death even if the deed says otherwise; revoke only by a recorded revocation instrument, a later recorded deed upon death (the last one recorded wins), or a lifetime transfer of the property (which voids the deed); a will does not revoke it (NRS 111.697, 111.677)
Any interest in Nevada real property that is transferable at death; the grantor must be an individual. The owner may name several beneficiaries and choose how they take title — joint tenants with survivorship, tenants in common, or community property (NRS 111.665, 111.669, 111.673)
Statute states no express survival or anti-lapse rule; multiple beneficiaries take in the tenancy the deed specifies (NRS 111.673). A co-owner's right of survivorship controls — a deed by one joint owner takes effect only if that owner is the last to die, unless every co-owner joins it; the beneficiary takes subject to all liens on the property at death (NRS 111.675, 111.691)
Not shielded. During life the grantor's creditors reach the property and the beneficiary has no interest (NRS 111.685). After death the beneficiary must publish and mail a notice to creditors — including to the state Medicaid agency — and creditors have 90 days to file; the estate can reach the property if the probate estate falls short, and the property stays subject to Medicaid estate recovery, above all if the required Medicaid-agency notice is skipped (NRS 111.689, 111.691, 111.693)
New Hampshire verified 2026-07-11
Uniform Real Property Transfer on Death Act, RSA chapter 563-D (§§ 563-D:1 to 563-D:22), effective July 1, 2024
Yes — an individual may use a revocable TOD deed for transferable New Hampshire real property (RSA 563-D:2, :5 to :7)
Individual transferor signs and acknowledges before a notary public or justice of the peace; no witnesses required; will-making capacity applies. The instrument must bear the title 'Transfer on Death Deed' (RSA 477:3; 563-D:8 to :9)
Record at length in every county registry where the land lies, both before death and within 60 days after execution; missing either deadline makes the deed void (RSA 563-D:9)
Always revocable, subject to possible contract remedies for a broken promise not to revoke. Record within 60 days and before death a later TOD deed, express revocation, or deed that expressly revokes; physical cancellation and a will do not work; all living joint owners must revoke their joint deed (RSA 563-D:6, :11)
An individual may transfer an interest in New Hampshire real property that is transferable at death. A joint owner's deed yields to surviving joint owners and works only for the last survivor; an agent needs beneficiary-designation authority and a guardian/conservator needs a court order (RSA 563-D:2, :5, :13(III), :18)
Beneficiary must survive unless deed provides otherwise; divorce/annulment generally treats an ex-spouse beneficiary as predeceased. Multiple beneficiaries default to equal shares without survivorship, but the deed may create joint tenancy. Beneficiary takes subject to liens and without title warranty (RSA 563-D:13 to :14)
Not shielded. During life the deed does not affect creditors. If the probate estate is insufficient, the estate may enforce allowed claims against TOD property, apportioned by net value; no proceeding may begin if administration was not granted within two years. New Hampshire Medicaid's expanded recovery estate expressly covers revocable trusts, post-2005 joint tenancies, and life estates, and an allowed Medicaid estate claim may also reach TOD property through RSA 563-D:16 (RSA 563-D:12(III), :16; 167:14-a(V)-(VI))
New Jersey verified 2026-07-11
No real-property TOD/beneficiary-deed statute; New Jersey never adopted the Uniform Real Property Transfer on Death Act (bills S3679 and A1819 are pending to do so). Its only transfer-on-death statute is the Uniform TOD Security Registration Act, N.J.S.A. 3B:30-1 et seq., which covers securities; New Jersey also added TOD registration for vehicles in 2023
Not available for real property. New Jersey owners use a revocable living trust or survivorship co-ownership (joint tenancy, or tenancy by the entirety for a married couple). New Jersey does not recognize a Lady Bird / enhanced life estate deed
N/A — no TOD-deed statute (any New Jersey deed used as a substitute is signed by the owner and acknowledged before a notary or other authorized officer, as New Jersey requires for a recordable deed)
N/A — no TOD-deed statute (deeds are recorded with the county clerk, but there is no record-before-death beneficiary-deed mechanism for real estate)
N/A — no TOD-deed statute (a revocable living trust can be amended or revoked by the owner during life; a survivorship co-ownership is changed by recording a new deed)
N/A — no TOD-deed statute (survivorship options: joint tenancy is available to any co-owners, while tenancy by the entirety is available only to a married couple, N.J.S.A. 46:3-17.2)
N/A — no TOD-deed statute (with survivorship co-ownership, the property passes to the surviving co-owner; with a living trust, the trust terms control who takes and in what shares)
N/A — no TOD-deed statute (property left in the estate stays subject to the owner's creditors and, for a Medicaid recipient, to New Jersey's estate recovery; a living trust or survivorship arrangement is the planning tool — confirm with an elder-law attorney)
New Mexico verified 2026-07-11
Uniform Real Property Transfer on Death Act, NMSA 1978 §§ 45-6-401 to 45-6-417 (effective Jan. 1, 2014)
Yes — a statutory revocable transfer on death deed for New Mexico real property (NMSA 1978 §§ 45-6-402(F), 45-6-405)
Individual transferor signs and acknowledges before a notary or another authorized acknowledgment officer; no witnesses required; capacity is the same as for a will (NMSA 1978 §§ 45-6-402(C), 45-6-408, 45-6-409)
Record before the transferor's death in the county clerk's public records for every county where the property is located; no fixed signing-to-recording deadline (NMSA 1978 §§ 45-6-409(C), 45-6-416)
Always revocable. Record before death a later-acknowledged TOD deed, express revocation, or inter vivos deed that expressly revokes; physical cancellation and a will do not work; all living joint owners must revoke a joint-owner deed (NMSA 1978 § 45-6-411)
An individual may transfer an interest in New Mexico real property that is transferable at death. A joint owner's deed yields to surviving joint owners and works only for the last survivor (NMSA 1978 §§ 45-6-402(D), (F), (H), 45-6-405, 45-6-413(C))
Beneficiary must survive the transferor or the interest lapses. Multiple beneficiaries take equal undivided shares without survivorship; a lapsed share goes proportionately to the surviving co-beneficiaries. Beneficiary takes subject to recorded liens and encumbrances and without title warranty (NMSA 1978 § 45-6-413)
Not shielded. During life the deed does not affect the owner's creditors. After death the beneficiary is liable, up to the received value, for allowed probate-estate claims and spouse/child allowances when the probate estate is insufficient. New Mexico's Medicaid-recovery 'estate' is probate/administration property, so TOD property is not itself within that definition, though the general nonprobate-transferee liability rule still applies to allowed estate claims (NMSA 1978 §§ 45-6-412(C), 45-6-415, 45-6-102, 27-2A-3(B))
New York verified 2026-07-11
N.Y. Real Property Law § 424, a single 2024 statute (subdivisions 1–16) modeled on the Uniform Act; effective July 19, 2024; no sunset
Yes — a statutory revocable transfer-on-death deed for any New York real property, in force since July 19, 2024
Transferor (an individual) signs a deed with the formalities of a recordable deed; two witnesses present at the same time who witness the signing; acknowledged before a notary; capacity is the same as to make a will (§ 424(6), (7))
Record before death in the county clerk's office where the property sits, like any deed (§ 424(7)); no fixed signing-to-recording deadline, but an unrecorded deed has no effect
Revocable until death — only by a recorded new TOD deed, instrument of revocation, or inter vivos deed (acknowledged after, recorded before death); a will cannot revoke it; joint owners must revoke together; divorce revokes the ex-spouse's share (§ 424(9), (12))
Any interest in New York real property transferable at death; transferor must be an individual; passes only the transferor's interest and yields to a surviving joint owner's right of survivorship (§ 424(1), (3), (11))
Beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares with no survivorship, and a lapsed share passes to the other named beneficiaries; takes subject to liens, without warranty (§ 424(11))
Not shielded: reachable by the owner's creditors in life (§ 424(10)); after death the estate can reach the property for allowed claims and spousal/child allowances if the probate estate falls short, for up to 18 months (§ 424(14)); the statute has no Medicaid carve-out, so estate recovery can still reach it
North Carolina verified 2026-07-11
No real-property TOD/beneficiary-deed statute. North Carolina's only transfer-on-death statute (G.S. ch. 41, art. 4) covers securities. URPTODA bills (SB 368/2021, SB 160/2023) died in committee; none is currently pending
Not available for real property. Owners use a revocable living trust, joint ownership with right of survivorship (or tenancy by the entirety), or a life estate deed — North Carolina does not recognize Lady Bird deeds
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute; the substitute tools do not automatically shield a home from Medicaid estate recovery or creditor claims
North Dakota verified 2026-07-12
North Dakota Uniform Real Property Transfer on Death Act, N.D.C.C. ch. 30.1-32.1, §§ 30.1-32.1-01 to -14 (applies to deeds made before, on, or after Aug. 1, 2011, when transferor dies on or after that date)
Yes — a statutory revocable transfer-on-death deed for North Dakota real property (N.D.C.C. §§ 30.1-32.1-01 to -03)
Transferor signs a properly recordable deed; no TOD-specific witness count. Ordinary route is acknowledgment, but recording law also permits subscribing-witness or handwriting proof. The deed title must contain 'transfer on death deed' or 'TOD' (N.D.C.C. §§ 30.1-32.1-06, 47-19-03)
Must be recorded before death with the county recorder where the property is located; no fixed signing-to-recording deadline. No auditor's transfer certificate or full-consideration statement is required (N.D.C.C. § 30.1-32.1-06(4)-(5))
Revocable until death by a recorded later inconsistent TOD deed, express revocation, or inter vivos deed that expressly revokes; revoking instrument must be acknowledged after the original and recorded before death. Physical destruction or marking is ineffective (N.D.C.C. §§ 30.1-32.1-03, -08)
An individual may transfer an interest in North Dakota real property to 1 or more persons. A surviving joint owner's survivorship right controls; the TOD deed works if the transferor is the last surviving joint owner (N.D.C.C. §§ 30.1-32.1-01, -02, -10(3))
Beneficiary must survive the transferor or the gift lapses; multiple beneficiaries take equal undivided shares without survivorship, and a lapsed share shifts proportionally to survivors. Property passes without warranty and subject to mortgages, liens, and other interests (N.D.C.C. § 30.1-32.1-10)
During life, deed changes neither creditor rights nor public-assistance eligibility (§ 30.1-32.1-09). If probate assets are insufficient, the estate may enforce allowed claims and statutory allowances against TOD property for 18 months after death (§ 30.1-32.1-12). Medicaid is a preferred estate claim under § 50-24.1-07 and can fall within that TOD liability route
Ohio verified 2026-07-11
Transfer on Death Designation Affidavit, Ohio Rev. Code §§ 5302.22–5302.24 (an AFFIDAVIT, not a deed; the old TOD deed was abolished effective Dec. 28, 2009)
Yes — by recording a transfer-on-death designation affidavit; Ohio replaced the TOD deed with this affidavit in 2009 (§ 5302.22)
Owner signs and swears the affidavit before a notary/officer authorized to administer oaths; a married owner's spouse must also sign to subordinate dower; no witnesses; beneficiary never signs (§ 5302.22(B),(D))
Record with the county recorder where the property sits, before the owner's death, or it has no effect; no fixed outer deadline measured from signing (§ 5302.22(E),(F))
Revocable/changeable any time before death without the beneficiary's consent, by recording a NEW designation affidavit that automatically supersedes prior ones; divorce auto-revokes a spouse-beneficiary (§ 5302.23(B)(5),(12))
Any individual owning as sole owner, tenant in common, survivorship tenant, or (with a spouse) tenant by the entireties; any real-property fee interest, whole or a fractional part; a survivorship tenant's designation takes effect only if that tenant is the last to survive (§ 5302.22(B),(C); § 5302.23(B)(6),(7))
Beneficiary must survive the owner (or exist at death); multiple beneficiaries take equal shares as tenants in common unless the affidavit says otherwise; contingent beneficiaries allowed, else the interest falls to the probate estate; takes subject to all encumbrances (§ 5302.23(B)(1),(7))
No interest passes during life and no lienholder's rights are affected; beneficiary takes subject to every mortgage and lien; Ohio's expanded Medicaid estate recovery reaches property passing by TOD affidavit (§ 5302.23(B)(4),(8); § 5162.21)
Oklahoma verified 2026-07-11
Nontestamentary Transfer of Property Act, 58 O.S. §§ 1251–1258 (enacted 2008; a bespoke Oklahoma scheme, not the Uniform Act)
Yes — a statutory revocable transfer-on-death deed for any interest in real estate, including mineral interests
Record owner signs the statutory § 1253 deed form before two witnesses and a notary; the deed must be executed, acknowledged, and recorded; the beneficiary never signs (58 O.S. §§ 1252, 1253)
Must be executed, acknowledged, and recorded with the county clerk where the real estate sits before the owner's death (§ 1253); no fixed signing-to-recording deadline — but after death the beneficiary must record an acceptance affidavit within 9 months or the interest reverts to the estate (§ 1252)
Revocable any time before death — by recording an instrument of revocation or a later TOD deed (which revokes all prior designations); a will cannot revoke it (§ 1254)
Any interest in real estate — surface, minerals, structures, fixtures (§ 1252); a joint owner may use it, but title vests in the beneficiary only if that owner is the last joint owner to die, and the deed does not sever a joint tenancy (§ 1256)
A beneficiary who predeceases the owner lapses; co-beneficiaries named as joint tenants keep survivorship among the survivors; beneficiary takes subject to the owner's recorded conveyances, mortgages and liens, and free of a later-married spouse's forced-share claim (§ 1255)
During life the owner is treated as absolute owner as to creditors and purchasers (§ 1257); after death the beneficiary takes subject to the owner's recorded mortgages and liens, and a non-consensual lien against the beneficiary attaches only once the acceptance affidavit is recorded (§ 1255); the Act itself does not address Medicaid estate recovery
Oregon verified 2026-07-11
Uniform Real Property Transfer on Death Act, ORS 93.948–93.979 (enacted 2011, in force since Jan. 1, 2012)
Yes — a statutory revocable transfer-on-death deed for real property
Owner (transferor) signs with the formalities of a recordable deed — acknowledged before a notary; no witnesses required; capacity is the same as making a will (ORS 93.961, 93.959)
Must be recorded before the owner's death in the county clerk's deed records where the property sits, or it has no effect; no fixed signing-to-recording deadline (ORS 93.961(1)(d))
Revocable until death even if the deed says otherwise; revoke only by a recorded instrument — a later TOD deed, an express revocation, or a lifetime deed; a will does not revoke it (ORS 93.955, 93.965)
Any interest in Oregon real property; transferor must be an individual; passes only the owner's interest — if the owner dies as a joint owner survived by others, survivorship controls and the deed yields (ORS 93.949, 93.953, 93.969(3))
Beneficiary must survive the owner or the gift lapses; alternates allowed; multiple beneficiaries take equal undivided shares with no survivorship and a lapsed share passes to the others; takes subject to liens, without warranty (ORS 93.953, 93.969)
Not shielded: no beneficiary interest during life (ORS 93.967); after death the property is reachable for the owner's creditor claims and spouse/child allowances if the probate estate falls short, within 18 months, and stays subject to a state Medicaid (medical-assistance) recovery lien (ORS 93.973, 93.969(2))
Pennsylvania verified 2026-07-11
No real-property TOD/beneficiary-deed statute. Pennsylvania's only transfer-on-death statute (20 Pa.C.S. ch. 64) covers securities. A bill to adopt the Uniform Act (HB 2124, 2026) is pending
Not available for real property. Owners use a revocable living trust, joint ownership with right of survivorship, or a life estate deed instead — Pennsylvania does not recognize Lady Bird deeds
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute
N/A — no TOD-deed statute (and Pennsylvania inheritance tax reaches inherited real estate under any of the substitute tools)
Rhode Island verified 2026-07-12
No real-property TOD/beneficiary-deed statute; Rhode Island has not enacted the Uniform Real Property Transfer on Death Act. Current law lets an adult devise real estate by a properly executed will (R.I. Gen. Laws §§ 33-5-2, 33-5-5) and lets real estate be conveyed to trustees (§ 34-4-27), but it contains no enacted Chapter 33-4.1 TOD-deed scheme
Not available. Proposed 2026 H 7284 and S 2050 would have added a Uniform Real Property Transfer on Death Act as Chapter 33-4.1, but neither passed. Owners use a revocable living trust, survivorship ownership, or a will that operates through probate
N/A — Rhode Island has no real-property TOD deed to execute. A will disposing of real estate must be written, signed, and attested by two witnesses present at the same time (R.I. Gen. Laws §§ 33-5-2, 33-5-5)
N/A — no TOD deed. Rhode Island records deeds, trust instruments, and other land-title instruments signed and acknowledged as deeds, but expressly excludes wills from the recordable trust-instrument category (R.I. Gen. Laws § 34-13-1)
N/A — there is no recorded real-property TOD instrument to revoke. A revocable trust is governed by its terms, and an amendment or revocation must be recorded to give notice to third parties when real property is involved (§ 34-4-27(c))
N/A — no Rhode Island real property or owner qualifies for a TOD deed under current law
N/A — no TOD deed. A will or trust controls who receives the property; without an effective estate plan, Rhode Island's descent rules control
N/A — no TOD-deed statute or TOD-specific creditor and Medicaid rule
South Carolina verified 2026-07-11
No transfer-on-death or beneficiary deed for REAL property. South Carolina's only statutory 'Transfer on Death (TOD)' mechanism is S.C. Code § 62-6-401 (Probate Code, Title 62, Article 6, Part 4, 'Titled Personal Property'; added by 2024 Act 200, eff. July 1, 2025), limited to DMV/DNR-titled personal property. The state did not adopt the Uniform Real Property Transfer on Death Act
Not available. No South Carolina statute allows a revocable transfer-on-death or beneficiary deed for real estate. Bills to create one — S. 49 (would add § 27-1-80, a real-property TOD designation) and H. 4264 (the 'South Carolina Enhanced Life Estate Deed Act,' a Lady Bird deed) — were introduced in the 2025–2026 session but were not enacted. Owners avoid probate on a home through a living trust, joint tenancy with right of survivorship, or a traditional life estate deed
N/A — there is no real-property TOD deed to execute. A person avoiding probate instead deeds the home into a revocable living trust or records a survivorship deed, each signed and notarized under South Carolina's ordinary deed rules, not a TOD-deed statute
N/A — no TOD deed. Ordinary deeds (including a deed into a living trust) are recorded with the county Register of Deeds/Clerk of Court; a will is not recorded during life and operates only through probate after death
N/A. A living trust is amendable or revocable by its own terms and a will is revocable until death, but there is no recorded real-property TOD instrument to revoke
N/A for real property. The § 62-6-401 TOD designation reaches only titled personal property — 'any vehicle, mobile home, watercraft, outboard motor, or any similar personal property' titled by the DMV or DNR (§ 62-6-101(17)) — never land or a house
N/A — no TOD deed for real estate. A home passes by will (through probate) or by intestacy, or under a trust's terms; there is no TOD-deed survival, lapse, or anti-lapse rule for real property
N/A for a TOD deed. Real property in the probate estate remains subject to the decedent's creditors and to South Carolina's Medicaid estate-recovery claim; a living trust or life estate carries its own creditor and Medicaid treatment outside this survey
South Dakota verified 2026-07-12
South Dakota Real Property Transfer on Death Act, SDCL §§ 29A-6-401 to 29A-6-435 (enacted 2014, SL ch. 133)
Yes — a statutory revocable transfer-on-death deed for an interest in South Dakota real property (SDCL §§ 29A-6-402 to -405)
Transferor signs a properly recordable deed; no TOD-specific witness required. Ordinary recording route is acknowledgment before a notary, though South Dakota also permits proof by a subscribing witness when not acknowledged (SDCL §§ 29A-6-408, 43-28-8, 43-25-26)
Must be recorded before the transferor's death with the register of deeds in the county where the property is located; no fixed signing-to-recording deadline beyond record-before-death (SDCL § 29A-6-408(3))
Revocable until death by a recorded later inconsistent TOD deed, express revocation, or inter vivos deed that expressly revokes; the instrument must be acknowledged after the original deed and recorded before death. Tearing up or marking the deed does not revoke it (SDCL §§ 29A-6-405, -410 to -413)
An individual may transfer an interest in South Dakota real property to 1 or more persons. A surviving joint owner's right of survivorship controls; the TOD deed works if the transferor is the last surviving joint owner (SDCL §§ 29A-6-402, -403, -417)
Beneficiary generally must survive the transferor by 120 hours unless the deed waives or modifies that rule; multiple beneficiaries take equal undivided shares with no survivorship, and a lapsed share shifts to survivors. Property passes without warranty and subject to existing liens and interests (SDCL §§ 29A-6-415 to -418)
Beneficiary is liable for the owner's debts up to the date-of-death property value, subject to exemptions; ordinary action deadline is 6 months. Medicaid recovery gets the shorter of 2 years after death or 6 months after prescribed written notice to DSS, and the post-death confirmation affidavit must state DSS was notified (SDCL §§ 29A-6-420 to -423, -427)
Tennessee verified 2026-07-11
No real-property TOD/beneficiary-deed statute; Tennessee never adopted the Uniform Real Property Transfer on Death Act. Title 31 of the Tennessee Code stops at chapter 7 — there is no chapter 8, the number every proposed 'Tennessee Uniform Real Property Transfer on Death Act' would occupy. Such bills have been introduced repeatedly (2017, 2021, 2025, 2026) and each has died; the most recent (SB 2029 / HB 1793) died when the 114th General Assembly adjourned sine die on April 23, 2026
Not available for real property. Tennessee owners keep a home out of probate with a revocable living trust or survivorship co-ownership (joint tenancy or tenancy by the entirety with right of survivorship). A traditional life estate deed also avoids probate but is generally irrevocable. Tennessee does not recognize a Lady Bird / enhanced life estate deed
N/A — no TOD-deed statute (any Tennessee deed used as a substitute is signed by the owner and acknowledged before a notary; a will must be signed and witnessed by two, but a will does not avoid probate)
N/A — no TOD-deed statute (deeds are recorded with the county register of deeds, but there is no record-before-death beneficiary-deed mechanism for real estate)
N/A — no TOD-deed statute (a revocable living trust can be amended or revoked by the owner during life; a survivorship co-ownership is changed by recording a new deed; a completed life estate deed generally cannot be undone without the remainder owners' consent)
N/A — no TOD-deed statute (survivorship options: joint tenancy with right of survivorship for any co-owners; tenancy by the entirety for a married couple)
N/A — no TOD-deed statute (with survivorship co-ownership, the property passes to the surviving co-owner; with a living trust, the trust terms control who takes and in what shares)
N/A — no TOD-deed statute (property left in the estate stays subject to the owner's creditors and, for a TennCare recipient, to Tennessee's Medicaid estate recovery; a living trust or survivorship arrangement is the planning tool — confirm with an elder-law attorney)
Texas verified 2026-07-11
Texas Real Property Transfer on Death Act, Tex. Est. Code ch. 114 (§§ 114.001–114.106; enacted 2015, based on the Uniform Act; no sunset)
Yes — a statutory revocable transfer-on-death deed for any real property in Texas
Transferor (an individual) signs a deed with the formalities of a recordable deed — under Prop. Code § 12.001, acknowledged before a notary (or signed before two credible witnesses); no TOD-specific witnesses; capacity is contract capacity; cannot be made by power of attorney (§§ 114.054, 114.055)
Must be recorded before death in the deed records of the county clerk's office where the property sits (§ 114.055); no fixed signing-to-recording deadline, but an unrecorded deed is void
Revocable until death — by a later recorded TOD deed, a recorded instrument of revocation (acknowledged after the deed), or a lifetime conveyance; a will does not revoke it; divorce revokes as to an ex-spouse if judgment notice is recorded (§ 114.057)
Any interest in Texas real property (no unit or acreage limit); transferor must be an individual; passes only the transferor's interest and yields to a surviving joint owner's right of survivorship; homestead and tax exemptions preserved (§§ 114.002, 114.051, 114.101, 114.103)
Beneficiary must survive by 120 hours or the share lapses and passes under the anti-lapse rule (as a will devise); multiple beneficiaries take equal undivided shares, no survivorship; takes subject to liens, without warranty (§§ 114.103, 114.104)
Not shielded from debts: reachable by the owner's creditors in life (§ 114.101); after death the beneficiary is liable, to the extent the probate estate falls short, for claims and family allowances, enforceable within 2 years (§ 114.106) — but § 114.106(b) keeps the property out of the probate estate for Medicaid estate recovery, so it generally escapes Texas Medicaid recovery
Utah verified 2026-07-11
Uniform Real Property Transfer on Death Act, Utah Code §§ 75-6-401 to 75-6-419 (enacted 2018, effective May 8, 2018)
Yes — a statutory revocable transfer-on-death deed for real property
Owner (transferor, a natural person) signs with the formalities of a recordable deed — acknowledged before a notary; no witnesses required; capacity is the same as making a will; beneficiaries must be named, not a class (Utah Code §§ 75-6-405, 75-6-408, 75-6-409)
Must be recorded before the owner's death in the county recorder's office where the property is located, or it has no effect; no fixed signing-to-recording deadline (§ 75-6-409). After death the beneficiary records a § 57-1-5.1 affidavit with the death certificate (§ 75-6-413)
Revocable until death even if the deed says otherwise; revoke only by a recorded instrument — a later TOD deed, an express revocation, or a lifetime deed — acknowledged and recorded before death; you cannot revoke by marking the deed, and a will does not revoke it (§ 75-6-411)
Any interest in Utah real property transferable at death; transferor must be an individual; passes only the owner's interest — if the owner dies as a joint owner survived by others, survivorship controls and the deed yields (Utah Code §§ 75-6-402, 75-6-413(3))
Beneficiary must survive the owner or the gift lapses; alternates allowed; multiple beneficiaries take equal undivided shares with no survivorship, and a lapsed share passes to the others; takes subject to all recorded liens, without warranty (§ 75-6-413)
Not shielded: no beneficiary interest during life and no effect on the owner's creditors or public-assistance eligibility (§ 75-6-412); after death only the estate may enforce allowed creditor claims and a spouse/child allowance against the property if the probate estate falls short, within 12 months (§ 75-6-415) — the route by which a Medicaid claim allowed against the estate can reach it
Vermont verified 2026-07-12
No real-property TOD/beneficiary-deed statute or URPTODA. Vermont instead enacted the Enhanced Life Estate Deed Act, 27 V.S.A. ch. 6, §§ 652-658 (2019 Act 145, effective July 13, 2020)
Not available as a TOD deed. Closest statutory substitute: enhanced life estate deed (ELE deed), which reserves the owner's life estate and lifetime power to convey, revise, or revoke while giving the grantee only a contingent remainder
N/A for a TOD deed. An ELE deed must be validly executed and recorded; its reserved rights and contingent remainder must be stated in the deed (27 V.S.A. §§ 652-654)
N/A for a TOD deed. The statutory substitute operates through an executed and recorded ELE deed in the municipal land records, not a record-before-death beneficiary designation
N/A for a TOD deed. An ELE deed is revoked by recording a deed from the grantor to the grantor, or revised by recording a replacement ELE deed naming all grantees; grantee consent or notice is unnecessary (27 V.S.A. §§ 653(5)-(6), 656)
N/A for a TOD deed. An ELE grantor must be a natural person and the deed concerns Vermont real property; guardian use needs Probate Division approval, and an agent needs a compliant power of attorney (27 V.S.A. §§ 653(4), 657)
N/A for a TOD deed. ELE grantee has a contingent remainder with no vested rights during the owner's life; at death title vests subject to recorded encumbrances. If a grantee died first, § 658 sends the interest to heirs/beneficiaries or surviving joint grantees, depending on title and deed terms
N/A for a TOD deed. During life, an ELE deed does not change the grantor's ownership or creditor rights and does not expose the property to the grantee's creditors; the deed is not a guaranteed Medicaid shield (27 V.S.A. § 654(a))
Virginia verified 2026-07-11
Uniform Real Property Transfer on Death Act, Va. Code §§ 64.2-621 to 64.2-638 (2013 c. 390); available since July 1, 2013. Amended in 2025 (HB 1871) so that an inter vivos deed conveying the property away also revokes a recorded TOD deed
Yes. An individual may transfer Virginia real property to one or more beneficiaries effective at death by a recorded, revocable transfer on death deed (§ 64.2-624)
The owner signs and acknowledges the deed before a notary — the 'essential elements and formalities of a properly recordable inter vivos deed' (§ 64.2-628); no witnesses are required (the optional statutory form, § 64.2-635, shows only a signature and a notary acknowledgment). Capacity is the same as to make a will (§ 64.2-627). If the property is owned by joint owners, all of them must execute the deed (§ 64.2-628(6))
Must be recorded BEFORE the owner's death in the land records of the circuit court clerk's office where the property is located (§ 64.2-628(3)); a deed left unrecorded, or recorded only after death, is ineffective. No fixed signing-to-recording deadline (unlike California's 60 days). Exempt from recordation tax if made without consideration (§ 64.2-628(5); § 58.1-811(J))
Revocable any time before death (§ 64.2-625), but ONLY by a recorded instrument (§ 64.2-630): a later TOD deed, an express instrument of revocation, or — since the 2025 amendment — an inter vivos deed that conveys the property away so the owner no longer owns it at death. It cannot be revoked by a physical act or by a will. A deed made by joint owners is revoked only if all the living joint owners revoke it
Any interest in Virginia real property that is transferable at death, including a cooperative interest (§ 64.2-621); the transferor is an individual (§ 64.2-624). Joint owners may use it, but all must sign, and a joint owner's TOD deed yields to a surviving joint owner's right of survivorship — it takes effect only if that owner is the last to die (§ 64.2-632(C))
The beneficiary must survive the owner or the interest lapses (§ 64.2-632(A)(2)); two or more concurrent beneficiaries take equal, undivided shares with no survivorship, and a lapsed share is divided among the survivors (§ 64.2-632(A)(3)-(4)). Divorce or annulment automatically revokes a transfer to a former spouse (§ 64.2-632(A)(5)). The beneficiary takes subject to every lien and encumbrance of record at death, with no warranty of title (§ 64.2-632(B), (D))
During life the beneficiary has no interest and the owner keeps full power to sell, mortgage, or revoke (§§ 64.2-625, 64.2-632). After death the property is not sheltered: it is reachable for the owner's creditor claims, administration and funeral costs, and the family, exempt-property, and homestead allowances to the extent the probate estate is inadequate (§ 64.2-634), and any such claim must be brought within one year of death. Whether the property is reachable by Medicaid estate recovery is a technical question — confirm with elder-law counsel
Washington verified 2026-07-11
Washington Uniform Real Property Transfer on Death Act, RCW ch. 64.80 (2014 c 58, effective June 12, 2014); short title RCW 64.80.900. The chapter has not been amended since enactment
Yes. An individual may transfer Washington real property to one or more beneficiaries effective at death by a recorded, revocable transfer on death deed (RCW 64.80.020). It cannot be used to effect a deed in lieu of foreclosure
The owner signs and acknowledges the deed before a notary — the deed must have 'the essential elements and formalities of a properly recordable inter vivos deed' (RCW 64.80.060(1)), and every Washington deed must be 'acknowledged by the party' (RCW 64.04.020). No witnesses are required. Capacity is the same as to make a will (RCW 64.80.050). For community property, both spouses or domestic partners may join in the deed
Must be recorded BEFORE the owner's death in the public records of the auditor of the county where the property is located (RCW 64.80.060(3)); a deed left unrecorded, or recorded only after death, is ineffective. No fixed signing-to-recording deadline (unlike California's 60 days or Nebraska's 30)
Revocable even if the deed says otherwise (RCW 64.80.030), but only by a recorded instrument acknowledged after the deed and recorded before death (RCW 64.80.080): a later TOD deed, an express instrument of revocation, or an inter vivos deed that expressly revokes it. It cannot be revoked by a revocatory act on the deed itself (tearing it up) or by a will. A joint owners' deed is revoked only if all living joint owners revoke; a later transfer of the property out of the owner's hands also cuts it off (RCW 64.80.080(4))
Any interest in Washington real property that is transferable on the owner's death (RCW 64.80.010(5)); the transferor is an individual (RCW 64.80.020). A joint owner's TOD deed yields to a surviving joint owner's right of survivorship and takes effect only if that owner is the last to die (RCW 64.80.100(3)). Community-property deeds by both spouses/partners take effect only when the second dies (RCW 64.80.100(4))
The beneficiary must survive the owner or the interest lapses (RCW 64.80.100(1)(b)); two or more concurrent beneficiaries take equal, undivided shares with no survivorship, and a lapsed share passes to the other concurrent beneficiaries in proportion (RCW 64.80.100(1)(c)-(d)). The beneficiary takes subject to every mortgage, lien, and encumbrance at death, with no covenant or warranty of title (RCW 64.80.100(2), (5))
During life the beneficiary has no interest, the property stays fully reachable by the owner's creditors, and the deed does not affect the owner's eligibility for public assistance (RCW 64.80.090). After death the beneficiary is liable for allowed claims against the estate and statutory family allowances to the extent provided in RCW 11.18.200, 11.42.085, and ch. 11.54 (RCW 64.80.120). Medicaid estate recovery reaches the property: it takes subject to state liens recorded within 24 months after death under RCW 43.20B.080 (RCW 64.80.100(2))
West Virginia verified 2026-07-11
Uniform Real Property Transfer on Death Act, W. Va. Code §§ 36-12-1 to 36-12-17 (effective June 5, 2014), as amended in 2023
Yes — an individual may use a revocable TOD deed for an interest in West Virginia real property (W. Va. Code §§ 36-12-2(6), (8), 36-12-5 to 36-12-7)
Individual transferor signs with will-making capacity. The deed must have the formalities of a recordable inter vivos deed; the ordinary route is acknowledgment before a notary or other authorized officer, with no subscribing witnesses. West Virginia recording law alternatively permits proof by two witnesses before the county clerk (W. Va. Code §§ 36-12-8, 36-12-9(1), 39-1-2)
State that the transfer occurs at death and record before the transferor dies with the county commission clerk where the property is located; no fixed signing-to-recording deadline (W. Va. Code § 36-12-9)
Always revocable. Record before death a later-acknowledged inconsistent TOD deed, express revocation, or later inter vivos deed conveying the same property, whether or not it expressly revokes. Physical cancellation does not work; all living joint-owner transferors must revoke their joint deed (W. Va. Code § 36-12-11, as amended in 2023)
An individual may transfer an interest in West Virginia real property that is transferable at death. A tenant in common transfers only that owner's interest; a joint owner's deed yields to surviving joint owners and works for the last survivor (W. Va. Code §§ 36-12-2(4), (6), (8), 36-12-5, 36-12-13(c)-(d))
A sole beneficiary must survive or the gift lapses. Multiple beneficiaries default to equal undivided tenancy-in-common shares unless the deed specifies otherwise and may take with survivorship if the deed expressly creates joint tenancy; a failed share goes proportionately to the others. The beneficiary takes subject to liens and encumbrances and without title warranty (W. Va. Code § 36-12-13)
During life the deed does not affect the owner's secured, unsecured, or future creditors. At death the beneficiary takes subject to existing mortgages, liens, and other interests; the TOD Act does not create a separate beneficiary-liability rule for unsecured estate claims. Medicaid § 9-5-11c authorizes recovery against the recipient's estate, and current state policy identifies recoverable assets as property passing under probate law, so property passing by a valid TOD deed generally falls outside Medicaid estate recovery (W. Va. Code §§ 36-12-12(3), 36-12-13(b), 9-5-11c)
Wisconsin verified 2026-07-11
Wis. Stat. § 705.15 ('Nonprobate transfer of real property on death'), part of ch. 705 (Nonprobate Transfers). Wisconsin's own real-property transfer-on-death scheme — NOT the Uniform Real Property Transfer on Death Act; it works by recording a 'TOD beneficiary' designation against the property. Chapter 854 (general transfers at death), including its anti-lapse rule, also applies (§ 705.15(6))
Yes. An owner may name a 'TOD beneficiary' who takes an interest in real property without probate on the death of the sole owner or the last to die of multiple owners (§ 705.15(1m)). The designation is made with the words 'transfer on death' or 'pay on death' (or 'TOD'/'POD') after the owner's name and before the beneficiary's name (§ 705.15(2)(b))
The owner signs a recordable document making the TOD designation and, because it must be recorded, acknowledges it before a notary (the statute refers to the owner's acknowledgment of the document, § 705.15(3)(a)2.). NO witnesses are required — the two-witness, one-disinterested requirement in the companion farm-implement TOD statute (§ 705.18(3)(c)) does NOT apply to the real-property TOD. If the property is the owner's MARITAL PROPERTY, both spouses who have an interest must sign (§ 705.15(2)(a)4.). Capacity is the same as the capacity to make or revoke a WILL (§ 705.15(7)). The document must state the transfer is effective only on death (§ 705.15(2)(a)3.); the beneficiary does not sign
The designation 'is not effective unless the document ... and any fees required to record the document[] are submitted for recording to the register of deeds office of the county in which the real property is located before the death of the sole owner or the last to die of multiple owners' (§ 705.15(2)(c)). No fixed signing-to-recording deadline, but recording before death is mandatory. The designation may sit on the original deed that passed the property to the owner, or be added later by a separately recorded document (§ 705.15(2)(b))
Revocable before death; the designation 'does not affect ownership of the property until the death of the sole owner or the last to die of multiple owners regardless of whether the document provides otherwise' (§ 705.15(3)(a)). Methods, each a document acknowledged AFTER the owner acknowledged the earlier one and recorded before death: a later compliant TOD document, an instrument of revocation, or an inter vivos deed that expressly revokes (§ 705.15(3)(a)1.–2.). For property held by joint tenants, or by spouses as survivorship marital property, revocation works only if made by ALL living joint tenants or spouses (§ 705.15(3)(b)2.). An inter vivos transfer of the property also defeats the designation (§ 705.15(3)(c))
A range of interests qualify (§ 705.15(1m)): property owned by one individual; a tenant-in-common fractional interest; a spouse's marital-property interest (but not survivorship marital property); survivorship marital property owned by spouses; and property owned by two or more individuals as joint tenants. In every case the transfer happens on the death of the sole owner or the LAST to die of multiple owners, so a co-owner's survivorship interest passes first and the TOD beneficiary takes only what the last owner still holds. You may name one or more primary and one or more contingent beneficiaries (§ 705.15(2)(b))
On the death of the sole owner (or the last owner) the property passes 'subject to any lien or encumbrance against the real property' to the TOD beneficiary or beneficiaries who survive all owners AND to a predeceased beneficiary's ISSUE who would take under Wisconsin's anti-lapse rule, s. 854.06(3) (§ 705.15(4)). If no beneficiary and no qualifying issue survives, the property passes to the owner's estate (§ 705.15(4)). Separately, a claim to recover the transferred property is barred unless a complaint and a lis pendens are filed within 120 days of death (§ 705.15(8))
During the owner's life the designation creates no ownership interest in the beneficiary and the owner keeps full control (§ 705.15(3)(a)). After death the beneficiary takes 'subject to any lien or encumbrance against the real property' (§ 705.15(4)); a TOD transfer avoids probate but does not put the home beyond the owner's debts. Wisconsin's Medicaid estate-recovery program reaches a decedent's nonprobate property interests broadly, so a TOD transfer is not a shield — confirm with elder-law counsel whether recovery reaches your property
Wyoming verified 2026-07-12
Wyoming Nontestamentary Transfer of Real Property on Death Act, Wyo. Stat. §§ 2-18-101 to -106 — a Wyoming-specific scheme, not URPTODA
Yes. A deed that expressly states it is effective at the owner's death transfers the owner's real-property interest to the named grantee beneficiary at death (§ 2-18-103(a), (o))
Owner signs an instrument that expressly makes the transfer effective at death and acknowledges it before a notarial officer; no witnesses required. Beneficiary signature, consent, agreement, or notice is unnecessary (§§ 2-18-103(a), (k), (m), 2-18-104; §§ 34-1-106, -113)
Must be executed and recorded before the owner—or last surviving owner—dies, with the county clerk where the real property is located; no signing-based outer deadline (§ 2-18-103(e))
Owner may revoke by executing and recording a revocation before death; the last recorded TOD deed for the property controls. A will does not revoke it (§§ 2-18-103(f), (h), (m), 2-18-105)
Any owner may transfer an interest in Wyoming real property, including to the trustee of a revocable trust. Multiple grantees and valid tenancy forms are allowed; joint-tenancy survivorship prevails unless the last surviving owner executed the deed (§ 2-18-103(a)-(e))
Deed may name a successor and must state the vesting condition. For a predeceased grantee, the deed chooses either voiding that gift or sending it to the grantee's estate. At death the grantee takes subject to conveyances, mortgages, liens, and other interests (§§ 2-18-103(a)-(d), 2-18-104)
Beneficiary takes subject to existing conveyances, mortgages, liens, and other interests. For qualifying medical assistance, the Department of Health may lien TOD property for the recoverable amount, even if no clearance request or death affidavit is filed (§ 2-18-103(a), (g), (n); § 42-4-207(k))

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