Transfer on Death Deed Template, Free Download 2026

This Transfer on Death Deed (the "TODD") is executed by [____________] (the "Owner"), an individual of legal age and sound mind, whose mailing address is [____________], pursuant to the Uniform Real Property Transfer on Death Act or the equivalent statutory authority of the State of [____________]. Owner declares that Owner is the sole owner (or, if applicable, a co-owner) of the Property described herein and has full legal capacity to execute this instrument.

Owner designates the following individual(s) or entity(ies) as beneficiary(ies) to receive the Property upon Owner's death (the "Designated Beneficiary" or "Designated Beneficiaries"): [____________]. If more than one Designated Beneficiary is named, the Property shall pass to them as [joint tenants with right of survivorship / tenants in common in equal shares / tenants in common in the following shares: ____________], unless otherwise provided herein.

This TODD applies to the following described real property located in the County of [____________], State of [____________] (the "Property"): [INSERT FULL LEGAL DESCRIPTION]. The Property includes all improvements, appurtenances, easements, and fixtures thereon, and is commonly known as [____________], bearing Tax Parcel Number [____________].

This TODD shall apply to Owner's entire interest in the Property as of the date of Owner's death, including any after-acquired interest. If Owner holds the Property as a joint tenant with right of survivorship and Owner is the last surviving joint tenant, this TODD shall apply to the entire Property. If Owner holds less than the entire fee simple interest, this TODD shall apply only to Owner's actual interest at the time of death.

Upon the death of Owner, the Property shall transfer to the Designated Beneficiary(ies) without the necessity of probate, subject to all encumbrances, liens, assessments, and other matters of record existing at the time of Owner's death. This transfer shall be effective automatically upon Owner's death, and the Designated Beneficiary(ies) shall be entitled to record an affidavit of survivorship, together with a certified copy of Owner's death certificate, to establish record title.

The transfer contemplated by this TODD is nontestamentary in nature and shall not be governed by the law of wills, intestate succession, or probate administration. This TODD operates independently of any will or trust executed by Owner, and in the event of any conflict between this TODD and Owner's will or trust with respect to the Property, the provisions of this TODD shall control, provided this TODD has not been revoked prior to Owner's death.

If the Designated Beneficiary predeceases Owner, the interest of such predeceased beneficiary shall lapse and shall not pass to the predeceased beneficiary's estate, heirs, or devisees, unless Owner has designated an alternate beneficiary in Section 8 of this TODD. If all Designated Beneficiaries predecease Owner and no alternate beneficiary survives, the Property shall pass as part of Owner's probate estate or through any other applicable nonprobate transfer mechanism.

Owner reserves the absolute and unconditional right to revoke this TODD at any time prior to Owner's death, without the consent of any Designated Beneficiary. Revocation may be accomplished by: (a) executing and recording a written instrument of revocation that expressly revokes this TODD, in the county where the Property is located; (b) executing and recording a subsequent TODD that expressly revokes this TODD; or (c) any other method permitted by the applicable state statute.

A revocation shall be effective upon recording of the instrument of revocation in the official records of the county in which the Property is situated. A sale, encumbrance, or other conveyance of the Property by Owner during Owner's lifetime shall constitute an automatic revocation of this TODD to the extent of the interest conveyed, without the necessity of recording a separate instrument of revocation. The execution of a new will, codicil, or trust instrument by Owner shall not, by itself, revoke this TODD.

The Designated Beneficiary(ies) shall acquire no present, legal, equitable, or beneficial interest in the Property during Owner's lifetime by virtue of this TODD. Owner retains full power and authority to use, possess, encumber, sell, lease, improve, or otherwise dispose of the Property during Owner's lifetime without any obligation to the Designated Beneficiary(ies) and without affecting the validity of this TODD except as provided in Article IV.

No Designated Beneficiary shall have standing to challenge, contest, or interfere with any transaction entered into by Owner with respect to the Property during Owner's lifetime. The Designated Beneficiary's interest is a mere expectancy that is contingent upon: (a) Owner's death; (b) the Designated Beneficiary surviving Owner; and (c) this TODD not having been revoked prior to Owner's death.

This TODD must be recorded in the official records of the County Recorder (or Register of Deeds) for the county in which the Property is situated BEFORE the death of Owner in order to be effective. A TODD that is not recorded prior to Owner's death shall have no force or effect and shall not operate to transfer any interest in the Property. Owner shall bear all costs associated with recording this instrument.

Upon recording, this TODD shall constitute constructive notice to all persons that the Property is subject to a transfer-on-death designation. Notwithstanding such recording, this TODD shall not affect Owner's ability to convey, encumber, lease, or otherwise deal with the Property during Owner's lifetime, nor shall it create any cloud on title during Owner's lifetime that would impair the marketability of the Property.

The parties acknowledge that the Property transferred pursuant to this TODD may be includable in Owner's gross estate for federal estate tax purposes under 26 U.S.C. § 2033 or § 2038. The Designated Beneficiary(ies) shall receive a stepped-up basis in the Property equal to the fair market value of the Property as of the date of Owner's death (or the alternate valuation date, if elected), in accordance with 26 U.S.C. § 1014.

The Designated Beneficiary(ies) may be responsible for real property taxes, special assessments, and any estate or inheritance taxes attributable to the Property. Owner makes no representation or warranty regarding the tax consequences of this TODD, and each Designated Beneficiary is advised to consult with a qualified tax professional regarding the federal, state, and local tax implications of receiving the Property.

If Owner has designated multiple Designated Beneficiaries, and one or more Designated Beneficiaries predecease Owner, the share of any predeceased Designated Beneficiary shall [lapse / pass to the surviving Designated Beneficiaries proportionally / pass to the alternate beneficiary designated below]. Owner designates the following alternate beneficiary(ies) to receive the Property in the event all primary Designated Beneficiaries predecease Owner: [____________].

If the Property is to be distributed among multiple Designated Beneficiaries as tenants in common, each beneficiary's share shall be freely alienable, and no beneficiary shall be obligated to retain ownership of his or her undivided interest. Any Designated Beneficiary may petition a court of competent jurisdiction for partition of the Property in accordance with applicable state partition statutes. The costs of any partition action shall be allocated as determined by the court.

This TODD shall be governed by and construed in accordance with the laws of the State of [____________], including the Uniform Real Property Transfer on Death Act as adopted in such state, and all applicable real property recording statutes. Any dispute arising under this TODD shall be resolved in the courts of competent jurisdiction in the County of [____________], State of [____________].

If any provision of this TODD is held to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. Owner has executed this TODD voluntarily, with full knowledge of its contents and legal consequences, and after having the opportunity to consult with independent legal counsel.