Transfer on death deeds by state

A transfer on death (TOD) deed — called a beneficiary deed in some states — lets a homeowner name who gets the property when they die. The owner keeps full control while alive, can change it any time, and the house passes without probate. 35 of the 51 jurisdictions below have one; each answer is checked against the state's statute and official pages. Last checked October 28, 2026.

TOD deed checklistYour state's signing rules, the last day to record it, and what the beneficiary files after the death.

Every state at a glance

State	TOD deed?	Signing	Record it	After the death
Alabama	No	—	—	—
Alaska	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Arizona	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Arkansas	Yes	notary, no witnesses	Before the death	No specific filing named in the law
California	Yes	notary, 2 witnesses	Within 60 days of signing	Affidavit of death (Prob. Code § 210 et seq.) plus, for deeds signed on or after 2022-01-01, a recorded affidavit stating the § 5681 notice to heirs was served
Colorado	Yes	notary optional, no witnesses	Before the death	Certified death certificate (or verification of death) with a supplementary affidavit, recorded as proof of death
Connecticut	No	—	—	—
Delaware	Yes	notary, 2 witnesses	Before the death	Optional notice of death of transferor filed with the Register of Wills (form if adopted) with the death certificate
District of Columbia	Yes	notary, no witnesses	Before the death	Confirmatory deed reciting the TOD deed's recording information, with Form FP7/C, a copy of the death certificate, and a copy of the recorded TOD deed
Florida	No	—	—	—
Georgia	Yes	notary, 1 witness	Before the death	Designated grantee beneficiary affidavit (acceptance affidavit) under O.C.G.A. 44-17-2(d)
Hawaii	Yes	notary, no witnesses	Before the death	Land Court property: a petition to the Land Court noting the transferor's death and asking for a new certificate of title. Regular System property: the statute names no document.
Idaho	No	—	—	—
Illinois	Yes	notary, 2 witnesses	Before the death	Notice of death affidavit (755 ILCS 27/75)
Indiana	Yes	notary, no witnesses	Before the death	Affidavit under IC 32-17-14-26(b)(20) (beneficiary's affidavit giving notice of the owner's death)
Iowa	No	—	—	—
Kansas	Yes	notary, no witnesses	Before the death	Certified copy of the owner's death certificate recorded with the register of deeds (no affidavit is named in the statute)
Kentucky	No	—	—	—
Louisiana	No	—	—	—
Maine	Yes	notary, no witnesses	Before the death	Notice of death affidavit (18-C M.R.S. § 6-414)
Maryland	Yes	notary, no witnesses	Before the death	Transfer-on-Death Deed Notification of Death (optional statutory form, Real Prop. § 14-1013)
Massachusetts	No	—	—	—
Michigan	No	—	—	—
Minnesota	Yes	notary, no witnesses	Before the death	Affidavit of identity and survivorship (with a certified copy of the death record) plus a clearance certificate from the county agency
Mississippi	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Missouri	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Montana	Yes	notary, no witnesses	Before the death	Affidavit of death (MSU Extension form: 'Acknowledged Statement of Death for Montana Transfer on Death Deeds') plus a Realty Transfer Certificate (Form 488)
Nebraska	Yes	notary, 2 witnesses	Within 30 days of signing	Certified death certificate with an attached cover sheet (§ 76-2,126), plus a Real Estate Transfer Statement under § 76-214 (Form 521)
Nevada	Yes	notary, no witnesses	Before the death	Death of Grantor Affidavit (NRS 111.699), with a declaration of value (NRS 375.060) and a copy of the death certificate
New Hampshire	Yes	notary, no witnesses	Within 60 days of signing	Notice of death affidavit (notarized)
New Jersey	No	—	—	—
New Mexico	Yes	notary, no witnesses	Before the death	Certified copy of the owner's death certificate (recorded with the county clerk)
New York	Yes	notary, 2 witnesses	Before the death	Notice of Transfer on Death Deed with proof of death (county clerk practice; statute silent)
North Carolina	No	—	—	—
North Dakota	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Ohio	Yes	notary, no witnesses	Before the death	Affidavit of confirmation (R.C. 5302.222) with certified death certificate, plus the Medicaid estate recovery form (R.C. 5302.221)
Oklahoma	Yes	notary, 2 witnesses	Before the death	Beneficiary affidavit (sworn before a notary) with a copy of the owner's death certificate attached
Oregon	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Pennsylvania	No	—	—	—
Rhode Island	No	—	—	—
South Carolina	No	—	—	—
South Dakota	Yes	notary, no witnesses	Before the death	Affidavit of confirmation (optional form: Affidavit of Confirmation and Survivorship for Transfer on Death Deed)
Tennessee	No	—	—	—
Texas	Yes	notary, no witnesses	Before the death	Affidavit of Death (TexasLawHelp form HA-TODD-201)
Utah	Yes	notary, no witnesses	Before the death	Affidavit in substantially the form in Utah Code § 57-1-5.1, with a copy of the death certificate attached
Vermont	No	—	—	—
Virginia	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Washington	Yes	notary, no witnesses	Before the death	Real estate excise tax affidavit (claiming the TOD exemption, WAC 458-61A-202) signed by the beneficiaries, plus a certified copy of the death certificate
West Virginia	Yes	notary, no witnesses	Before the death	No specific filing named in the law
Wisconsin	Yes	notary, no witnesses	Before the death	Termination of Decedent's Interest (application under Wis. Stat. § 867.046(2); combined HT-110/TOD-110 form)
Wyoming	Yes	notary, no witnesses	Before the death	Affidavit under Wyo. Stat. § 34-11-101 plus a certificate of clearance from the Wyoming Department of Health

Summary only. Open your state for the exact rule, how to revoke it, creditor and Medicaid rules, and the sources. Legal information, not legal advice; see our methodology.

How it works almost everywhere

Check that your state has a TOD deed law and use the state's own form or wording if it has one.
Sign it the way the statute says — in front of a notary, and in some states in front of witnesses too.
Record it at the county office where the property is, before the owner dies. An unrecorded TOD deed generally does nothing.
Nothing happens while the owner is alive: they can still live in, sell, rent or mortgage the property, and can revoke or replace the deed.
After the death, the beneficiary records the state's after-death document (often an affidavit with a certified death certificate) in the same county.

Common mistakes

Using an old list of states: the number of states with a TOD deed keeps growing — New York, for example, added one in 2024. Check your state's page, not a list from a few years ago.
Signing but never recording: in states that require recording before death, a deed found in a drawer after the funeral does not transfer the house.
Assuming the after-death step is the same everywhere: the document's name, the county office and any notice to the heirs differ by state.
Using another state's form: a TOD deed follows the law of the state where the land is, not where the owner lives.