Transfer-on-Death Deeds for Real Estate
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.
Most states now offer an easy way to leave real estate without going through probate: a transfer-on-death deed.
Some states have an easy and inexpensive way to bypass probate court when you leave behind real estate.
Both a transfer on death deed and a living trust can keep your real estate out of probate, so which should you use?
If you want to leave behind real estate using a TOD deed, make sure it meets your state and county's requirements.
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
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.
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.
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