Transfer-on-Death Deeds: Which States Allow Them and How Heirs Claim the House

What Is a Transfer-on-Death Deed?

A transfer-on-death (TOD) deed is a deed that names a beneficiary to receive real estate when the owner dies. Some states call it a beneficiary deed or, in Illinois, a TOD instrument. The owner signs it and records it with the county during their lifetime, but nothing transfers until death. Until then, the owner can live in the home, sell it, refinance it, or revoke the deed without the beneficiary's permission.

When the owner dies, the property passes directly to the named beneficiary without probate. That is the main reason people use them: a house is often the largest asset in an estate, and a TOD deed keeps it out of court.

If you are reading this because someone has died and you found a TOD deed with your name on it, the rest of this guide walks through what that means and what you need to do.

Which States Allow Transfer-on-Death Deeds?

As of October 2026, 34 states plus the District of Columbia authorize transfer-on-death deeds for real estate. Most of them have adopted some version of the Uniform Real Property Transfer on Death Act; the rest have their own statutes.

Recent changes worth knowing

• New York began allowing TOD deeds on July 19, 2024. The deed must be signed in front of two witnesses.
• New Hampshire and Georgia began allowing them in mid-2024.
• Delaware enacted its law in September 2025, with county recording starting in December 2025.
• Maryland's law took effect October 1, 2026, and applies only when the owner dies on or after that date.
• California has required two witnesses since 2022, and the deed must be recorded within 60 days of signing.

Bills to add TOD deeds were introduced or advanced in 2026 in Pennsylvania, Rhode Island, New Jersey, Connecticut, Iowa, Tennessee, Kentucky, and Idaho, but none of those states had enacted one as of this writing. If the deceased lived in one of those states, check whether the law has changed.

The property's state controls, not the owner's

What matters is where the property is located, not where the owner lived. A Florida resident who owned a cabin in Colorado could use a TOD deed for the Colorado cabin. The deed follows the recording rules of the county where the property sits.

Is the TOD Deed Valid? What to Check First

Before you rely on a TOD deed, confirm a few basics. A deed that fails any of these may not transfer the property, and the house would then go through probate instead.

1. It was recorded before the owner died. This is the most important rule. A TOD deed signed but left in a drawer generally does not work. Look it up at the county recorder's office (many have online search) and note the recording date.
2. It was not revoked. The owner could revoke a TOD deed by recording a revocation, recording a newer TOD deed, or selling the property. A will cannot revoke a TOD deed in most states, so a later will leaving the house to someone else does not override it.
3. It meets the state's signing rules. Some states require witnesses (New York and California require two) or notarization.
4. The owner still owned the property at death. If the property was sold or transferred during life, the TOD deed has nothing to transfer.

If any of these is uncertain, a title company or a real estate attorney in the property's state can tell you whether the deed is effective.

How the Beneficiary Claims the Property

The transfer itself happens automatically at death, but the public records still show the deceased as the owner. To sell, refinance, or insure the house in your own name, you need to update the record.

The general process

In most states, the beneficiary:

1. Gets certified copies of the death certificate. You will need at least one for the recorder. See our guide on how to get certified copies.
2. Prepares an affidavit of death (sometimes called an affidavit of death of owner or notice of death affidavit). This is a short sworn statement identifying the deceased, the property, and the recorded TOD deed. Many county recorders and court self-help sites provide a form.
3. Records the affidavit and death certificate with the recorder or register of deeds in the county where the property is located. Recording fees are usually modest.
4. Notifies the county assessor or tax office so property tax bills come to you, and applies for any homestead or other exemption you qualify for in your own name.

In some states that follow the uniform act, recording the affidavit is technically not a condition of the transfer, but you will still need it in practice. Buyers, lenders, and title insurers will not close without it.

State-specific steps

A few states have extra requirements that are easy to miss:

• Ohio uses a "TOD designation affidavit" instead of a deed. After death, the beneficiary files an affidavit of confirmation with the county recorder, attaching a certified death certificate, and presents it to the county auditor.
• California requires the beneficiary to establish the death using an affidavit of death, serve notice on the deceased owner's heirs, and record proof that the notice was served. A change-in-ownership statement is also due to the county assessor.
• Oklahoma has required the beneficiary to file an acceptance affidavit within nine months of death, or the TOD deed fails. A 2026 bill would remove that deadline; check the current rule.
• Georgia's law, for deaths on or after July 1, 2024, has required an affidavit and death certificate recorded within nine months, or the property reverts to the estate. The law was amended in 2026, so confirm the current deadline with the clerk of superior court.
• Wyoming requires a specific affidavit plus a certificate of clearance from the Department of Health (Medicaid) before the transfer is complete.
• New York's statute does not prescribe an affidavit form, so counties have created their own. Check with the county clerk where the property is located.

Deadlines like Oklahoma's and Georgia's are the biggest risk. If you are the beneficiary, record your paperwork promptly, even if you are not ready to sell.

What Comes With the House: Mortgages, Debts, and Medicaid

A TOD deed avoids probate. It does not wipe out what is owed on the property or by the person who died.

Mortgages and liens stay attached

The beneficiary takes the property subject to any mortgage, liens, and other recorded encumbrances. If there is a mortgage, the payments still need to be made. Federal law (the Garn-St Germain Act) generally prevents a lender from calling a residential loan due just because the home passed to a relative after the borrower's death. Our guide to mortgage assumption after death explains your options. If the deceased had a reverse mortgage, see reverse mortgage after death, because those loans usually become due.

A TOD deed also comes with no warranty of title. If there was a title problem before death, the beneficiary inherits it.

Creditors can sometimes reach the property

In many TOD states, if the deceased's probate estate does not have enough to pay valid debts, funeral expenses, and administration costs, the TOD beneficiary can be liable up to the value of the property received. Texas, for example, lets a creditor pursue the beneficiary if the estate's personal representative does not act on a demand within 90 days.

If the estate looks like it cannot cover its debts, read our guide on insolvent estates before you sell or borrow against the house.

Medicaid estate recovery

If the deceased received Medicaid long-term care benefits after age 55, the state may try to recover those costs from the estate. Whether that reaches TOD property depends on the state:

• Probate-only states recover only from the probate estate, so TOD property is generally outside their reach. Texas law specifically says TOD property is not part of the probate estate for any purpose, including Medicaid estate recovery.
• Expanded-recovery states define "estate" to include non-probate property and can pursue it.
• Wyoming builds this into the transfer itself by requiring the Medicaid clearance certificate.

Our guide to Medicaid estate recovery covers how claims work, exemptions, and hardship waivers.

What If the Beneficiary Died First?

If the named beneficiary died before the owner, what happens depends on the deed and the state:

• Check for an alternate beneficiary named in the deed. Many deeds include one.
• Some states pass the share to the other named beneficiaries. Maine, for example, does this when no alternate is named.
• Other states apply "anti-lapse" rules that can send the share to the predeceased beneficiary's descendants. Texas treats it like a gift in a will for this purpose, and also requires a beneficiary to survive the owner by 120 hours.
• If no beneficiary survives, the property generally falls back into the owner's estate and goes through probate.

Selling the House After a TOD Transfer

Once your affidavit and death certificate are recorded, you can usually sell like any other owner. A few practical points:

• Title insurers may ask for more. Expect requests for the recorded TOD deed, the recorded affidavit, and sometimes confirmation that no creditor or Medicaid claim is pending.
• Waiting can be wise. In states where creditors can reach TOD property, some beneficiaries wait until the creditor claim period has run before selling or distributing proceeds.
• Taxes. Property received at death generally gets a stepped-up tax basis equal to its value on the date of death, which can reduce capital gains if you sell. Our guide to taxes on inherited money explains how this works.

If you are weighing whether to sell, our guide to selling a house before probate covers timing, and how to change a deed after death covers other ways property can pass.

TOD Deed vs. Other Ways a House Can Pass

Checklist for TOD Deed Beneficiaries

1. Find the TOD deed in the county records and confirm it was recorded before death.
2. Check for any later revocation or newer TOD deed.
3. Order certified death certificates.
4. Look up your state's and county's post-death requirements, including any deadline.
5. Record the affidavit of death (or your state's equivalent) with the death certificate.
6. Notify the mortgage servicer, homeowner's insurer, and county tax office.
7. Keep paying the mortgage, insurance, and property taxes.
8. Ask the executor whether the estate has enough to pay its debts, and whether Medicaid was involved.
9. Re-apply for any homestead exemption in your own name.
10. Wait for creditor and Medicaid questions to settle before selling, if your state lets creditors reach TOD property.

How SwiftProbate Helps

SwiftProbate is probate task management software. It helps families and executors understand which assets pass through probate and which pass outside it, like property under a TOD deed, and keeps the related tasks, documents, and deadlines in one place.

For a house that passed by TOD deed, that might mean tracking the recording deadline, storing the recorded affidavit with the estate's other documents, and keeping the mortgage, insurance, and Medicaid questions visible until they are resolved. If you are earlier in the process, our step-by-step probate checklist shows where a non-probate transfer fits in the overall sequence.

SwiftProbate provides software to help navigate the probate process. SwiftProbate is not a law firm, does not provide legal advice, and is not a substitute for the advice of a licensed attorney. No attorney-client relationship is created by using this service. Probate laws vary by state and county.