Transfer on Death (TOD) Deed Template
Transfer your real estate directly to your chosen beneficiaries without probate, while keeping complete control during your lifetime. Our attorney-drafted Transfer on Death deed lets you designate who inherits your property with a simple recorded document. You can sell, refinance, or revoke it anytime—your beneficiaries have zero rights until your death.
Last Updated: Jan. 9, 2026
What Is the Transfer on Death (TOD) Deed?
A Transfer on Death deed is a legal document that lets you name beneficiaries who will automatically inherit your real estate when you die. Unlike a traditional will, this transfer happens outside of probate—your beneficiaries can claim the property immediately without court involvement, expensive attorney fees, or months of waiting.
The key advantage is control. You retain absolute ownership during your lifetime. You can sell the property tomorrow, mortgage it next month, or revoke the deed entirely next year. Your named beneficiaries get nothing until your death, and only if they survive you. It's estate planning that doesn't lock you in.
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Is This Transfer on Death Deed Right for You?
You need this agreement if you're:
- Planning your estate and want to avoid probate
- Leaving property to specific family members or beneficiaries
- Looking for a simpler alternative to a living trust
- Keeping full control while planning the transfer
- Updating an outdated estate plan with new beneficiaries
You definitely need this agreement if:
- Your estate could face lengthy probate proceedings
- You want beneficiaries to inherit immediately without court
- Multiple heirs could fight over your property
- You own real estate in a state that allows TOD deeds
- You're spending $3,000+ on a trust just for one property
Still unsure?
If you own real estate and want your heirs to avoid probate without giving up control today, you need this deed.
Why Thousands Trust Legal GPS Templates
Save Money
Attorney-drafted TOD deeds cost $800-1,500. Our template costs $35 and is reusable if you buy another property.
Save Time
Download instantly and fill in the blanks. Record it with your county and you're done in under an hour.
Look Professional
Court-tested legal language ensures county recorders accept your deed without question or delays.
Keeps You Out of Court
Articles IV and V preserve your complete ownership rights during your lifetime while ensuring a clean transfer at death.
What's Inside This Template?
Primary Beneficiary Designation
Choose single or multiple beneficiaries with equal shares or specific percentages. Determines exactly who gets your property and in what proportions.
Alternate Beneficiary Provision
Protects your plan if a primary beneficiary dies before you. Prevents your property from passing through probate when you have a backup plan.
Lifetime Rights Reservation
Preserves your absolute right to sell, mortgage, lease, or revoke during your lifetime. Your beneficiaries have zero claim until your death.
Effect of Transfer and Obligations
Clarifies that beneficiaries inherit the property subject to all existing mortgages, liens, and obligations. No surprises about what they're actually getting.
Revocation Procedures
Specifies the only three legal methods to revoke or change your TOD deed. Protects against invalid revocation attempts.
Recording Requirements
Explains the critical requirement to record before death and provides complete recording instructions. An unrecorded TOD deed is worthless.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
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$35
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$39/ month
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| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |
Get Protected in 3 Simple Steps
Step 1: Secure Checkout
Complete your purchase in under 60 seconds with our secure payment system.
Step 2: Instant Download
Receive your professionally drafted TOD deed template immediately via email.
Step 3: Fill In the Highlighted Fields
Complete the document with your property details and beneficiary information, then record with your county.
Frequently Asked Questions
Can I use this template multiple times?
Yes. Use it for every property you own or whenever you buy new real estate. One purchase, unlimited use.
Is this contract legally binding?
Yes, when properly executed, notarized, and recorded with your county recorder's office. Courts nationwide recognize TOD deeds as valid non-testamentary transfers.
Does a TOD deed work in my state?
TOD deeds are valid in approximately 30 states. Check your state's specific requirements before using this template. If your state doesn't recognize TOD deeds, consider a living trust instead.
Can I change or revoke the deed after recording it?
Absolutely. Record a formal revocation, record a new TOD deed with different beneficiaries, or simply sell the property. You keep complete control during your lifetime.
What happens to my mortgage when I die?
Your beneficiaries inherit the property subject to the mortgage. They can pay it off, refinance it, sell the property, or let it go into foreclosure. Federal law often protects family members from immediate due-on-death enforcement.
Do I need a lawyer to record this deed?
No. Take the completed and notarized deed to your county recorder's office yourself. The recording fee is typically $15-50. The process takes about 10 minutes.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
|
|
|
$35
|
$39/ month
|
| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |