Want to keep your house, or other valuable real estate, out of probate? A transfer-on-death (TOD) deed—called a "beneficiary deed" in some states—lets you name someone to receive your property when you die. A TOD deed is similar to a regular deed, but there's a crucial difference: It doesn't take effect until your death.
In recent years, many states have adopted laws allowing transfer-on-death deeds. Now this probate-avoidance tool is available in most states. (To make a TOD deed that's valid in your particular state, you can use a reputable service like WillMaker.) In the articles below, find out more about whether a TOD deed makes sense for your circumstance, and how to make one.
Transfer-on-Death Deeds: An Overview
Most states now offer an easy way to leave real estate without going through probate: a transfer-on-death deed.
States That Allow Transfer-On-Death Deeds for Real Estate
Some states have an easy and inexpensive way to bypass probate court when you leave behind real estate.
Transfer on Death Deeds vs. Living Trusts
Both a transfer on death deed and a living trust can keep your real estate out of probate, so which should you use?
How to Prepare a Transfer-on-Death Deed
If you want to leave behind real estate using a TOD deed, make sure it meets your state and county's requirements.
How to Revoke a Transfer-on-Death Deed
If you change your mind after you record a TOD deed, leaving real estate to someone at your death, you can revoke the deed. The beneficiary has absolutely no rights over the property until after your death. But first, a caution: Don't use your will to try to revoke a transfer-on-death deed. It won't
How the New Owner Claims Transfer-on-Death Real Estate
For those who inherit real estate through a TOD deed, getting title to the property is faster, simpler, and less expensive than going through probate.
Finalization Requirements for California TOD Deeds
A transfer-on-death deed is an easy way to leave real estate without going through probate. Learn how to sign and file a TOD deed in California.