Transfer on death deed is a simple legal document that lets you pass real estate to someone you choose — without probate. You sign it now, record it with your county, and nothing changes until you pass away. At that point, the property goes straight to your named beneficiary.
No court hearings. No months of waiting. You keep full control of your home while you’re alive. You can sell it, refinance it, or change your mind at any time. In most cases, this one form can save your family thousands of dollars and months of stress.
When and Why You Need a Transfer on Death Deed
A transfer on death deed makes the most sense when you own real property and want it to pass quickly to a specific person. For example, a parent who owns a home free and clear may want a daughter to inherit it without hiring a probate attorney. This deed handles exactly that situation.
However, this deed is not available everywhere. About 32 states allow it, including Colorado, Ohio, Arizona, Minnesota, and Missouri. Notable states like Florida, Pennsylvania, New Jersey, and Massachusetts do not. If your state doesn’t allow one, ask an attorney about alternatives such as a living trust or an enhanced life estate deed.
You might also choose this option because it costs very little. Recording fees typically run between $24 and $46, depending on the county. Compare that to a living trust, which can cost $1,000 or more to set up with an attorney. As a result, the transfer on death deed is one of the most affordable ways to avoid probate on real estate.
What to Include (and What to Get Right)
Every transfer on death deed must include certain basic information. You need the owner’s full legal name, the beneficiary’s full legal name, and a complete legal description of the property. The deed must also contain clear language stating the transfer happens at death — not before. Most states require a phrase like “transfer on death” or “effective at grantor’s death” in the document itself.
The signing requirements vary by state. In all states that allow this deed, notarization is required. However, witnesses are only required in a few states. Minnesota, for example, requires two witnesses in addition to a notary. The table below shows how requirements differ across five common states.
| State | Statute | Notary Required | Witnesses | Recording Fee |
|---|---|---|---|---|
| Arizona | ARS 33-405 | Yes | None | $30 first page + $10/additional |
| Colorado | CRS 15-15-401 | Yes | None | $40 per document |
| Minnesota | Minn. Stat. 507.071 | Yes | Two required | $46 |
| Missouri | RSMo 461.025 | Yes | None | $24–$30 (varies by county) |
| Ohio | ORC 5302.22 | Yes | None | $34 first two pages + $8/additional |
One critical detail: name a contingent (backup) beneficiary. If your primary beneficiary dies before you and you haven’t named an alternate, the deed becomes ineffective. The property would then go through probate as part of your estate.
Sample Template You Can Adapt
Below is a sample transfer on death deed you can use as a starting point. Check your state’s exact statutory language and form requirements before filing.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
TRANSFER ON DEATH DEED
State of [State]
County of [County]
I, [Your Full Legal Name], of [Your Full Address, City, State, ZIP], as Grantor, hereby convey the following described real property to [Beneficiary Full Legal Name], of [Beneficiary Address, City, State, ZIP], as Grantee Beneficiary, effective upon my death.
Legal Description of Property:
[Insert the full legal description from your current deed — lot number, block, subdivision, plat book and page, or metes and bounds description. Do NOT use just a street address.]
Property Address: [Street Address, City, State, ZIP]
Parcel/Tax ID Number: [Parcel Number]
Contingent Beneficiary: If [Beneficiary Full Legal Name] does not survive me, I designate [Contingent Beneficiary Full Legal Name], of [Contingent Beneficiary Address], as alternate Grantee Beneficiary.
This deed is made pursuant to [Your State’s Statute — e.g., “CRS 15-15-401” or “ORC 5302.22” or “ARS 33-405”]. This transfer shall take effect only upon my death. I reserve the right to revoke this deed at any time during my lifetime by recording a revocation with the [County] County Recorder.
THIS DEED DOES NOT TRANSFER ANY INTEREST IN THE PROPERTY UNTIL THE GRANTOR’S DEATH. THE GRANTOR RETAINS FULL POWER TO SELL, ENCUMBER, OR OTHERWISE DEAL WITH THE PROPERTY DURING THE GRANTOR’S LIFETIME.
Signed this [Day] day of [Month], [Year].
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___________________________
[Your Full Legal Name], Grantor
NOTARY ACKNOWLEDGMENT
State of [State]
County of [County]
On [Date], before me, [Notary Name], a Notary Public, personally appeared [Your Full Legal Name], known to me (or proved on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that [he/she/they] executed the same.
___________________________
Notary Public
My Commission Expires: [Date]
How to Make It Valid in Your State
Signing correctly is essential. You must sign the deed in front of a notary public in every state that allows this form. In Minnesota, you also need two witnesses present at signing. The beneficiary does not need to sign, and they don’t even need to know about the deed.
After the owner passes away, the beneficiary files a certified copy of the death certificate (and in some states, a short affidavit of survivorship) with the county recorder. Typically, the property transfers within a few weeks. There is no court involvement and no probate filing needed for the property covered by the deed.
Keep in mind that a transfer on death deed does not override a mortgage. The beneficiary inherits the property subject to any existing loans. However, federal law under the Garn-St. Germain Act generally prevents lenders from calling the loan due when property passes to a family member at death.
Frequently Asked Questions
Can I change or cancel a transfer on death deed after I sign it?
Yes. You can revoke or change it at any time while you’re alive. To do so, you must sign, notarize, and record a formal revocation document with the same county recorder. Simply tearing up the deed or writing a different will is not enough — the revocation must be recorded.
Does a transfer on death deed override my will?
Yes. A recorded transfer on death deed is a nonprobate transfer. It takes priority over any conflicting language in your will. For example, if your will leaves your house to your son but your recorded deed names your daughter, your daughter gets the house. The only way to change this is to record a new deed or a formal revocation.
Will the beneficiary owe capital gains taxes on the property?
In most cases, no — at least not on gains during your lifetime. Under 26 U.S.C. § 1014, the beneficiary receives a stepped-up tax basis equal to the property’s fair market value at the date of your death. As a result, all appreciation that occurred while you owned the home is typically eliminated for capital gains purposes. Check with a tax professional for your specific situation.
Planning ahead? Check your life insurance too
A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.
Find Your State’s Exact Rules
Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.
See Wills & Probate Rules for Every State →
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.