Transfer on Death Deed Forms by State

4
total templates

What Is a Transfer on Death Deed?

A Transfer on Death Deed is a legal document that indicates the individual or company that receives a real estate in its entirety or its share once the current owner passes away. It is a simple estate planning instrument, usually no more than one or two pages, that must be filed with the county registrar in the location of the real property. The main purpose of this document is to avoid a difficult and time-consuming probate process - once you completed and signed this deed, the real estate in question is kept out of probate and goes directly to the beneficiary. 

There are multiple benefits to composing a Transfer on Death Deed:

  1. You will be able to register this document in the public records - this process is quick and not very expensive. This way, you add an extra level of protection to the deed by making sure authorities are aware of your wishes regarding the real property.
  2. If you must, you are allowed to revoke the deed during your lifetime. In case you have disagreements with the beneficiary (usually, a family member or a close friend) and decide not to transfer any real estate to their possession, you can cancel the deed altogether.
  3. You can avoid adding the potential beneficiary as a co-owner (joint tenant) to the property title - you will still remain the sole owner of your estate and can exercise your rights to sell or transfer it whenever you want.

How Do I Get a Transfer on Death Deed?

A proper Transfer on Death Deed contains the identification of the current owner and beneficiary, description of the property, the signature of the owner, and notary seal - a notary public must acknowledge your intention to transfer the real estate. Below you can find and download state-specific Transfer on Death Deeds that comply with requirements set out by states' deed statutes. You will have to use particular wording and format so that your document is accepted by the local registrar of deeds - otherwise, it may be considered invalid and later contested by concerned parties. 

Alabama

Hawaii

Massachusetts

New Mexico

South Dakota

Alaska

Idaho

Michigan

New York

Tennessee

Arizona

Illinois

Minnesota

North Carolina

Texas

Arkansas

Indiana

Mississippi

North Dakota

Utah

California

Iowa

Missouri

Ohio

Vermont

Colorado

Kansas

Montana

Oklahoma

Virginia

Connecticut

Kentucky

Nebraska

Oregon

Washington

Delaware

Louisiana

Nevada 

Pennsylvania

West Virginia

Florida

Maine

New Hampshire

Rhode Island

Wisconsin

Georgia

Maryland

New Jersey

South Carolina

Wyoming

How to File a Transfer on Death Deed?

To make a Transfer on Death Form valid, you need to create a record of it in the local records office. In order to file it, you must appear in front of a land records clerk of the location in which your real property is situated. Bring the deed along with a form of identification. Depending on the state, you might have to pay a small filing fee. The clerk will examine your ID and documentation, make a photocopy of your original document for the county's filing system, and return the deed to your safekeeping. 

You can draft a revocable Transfer on Death Deed - it can be canceled before the death of the legal owner. There are three ways to revoke this deed:

  • Fill out a revocation of the Transfer on Death Deed form and bring it to the county clerk for registration;
  • Create another deed to name a different beneficiary - it will automatically replace the old document and all other deeds in the public records;
  • Transfer the real estate listed on the deed to anyone you want.

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Documents

4

Form P-150 "Transfer on Death Deed" - Alaska

Rate (4.7 / 5) 7 votes
Size: 124 KB
2 pages

Form P-151 "Revocation of Transfer on Death Deed" - Alaska

Rate (4.3 / 5) 32 votes
Size: 116 KB
1 page

Form ODM07408 (JFS07408) "Notice to Medicaid Estate Recovery of Pending Transfer of Property by Transfer on Death Deed" - Ohio

Rate (4.7 / 5) 13 votes
Size: 29 KB
2 pages

"Simple Revocable Transfer on Death Deed Form" - California

Rate (4.8 / 5) 20 votes
Size: 178 KB
5 pages