Does Massachusetts allow a transfer on death deed?

Massachusetts at a glance

TOD deed for real estate

No

How a house passes in Massachusetts without a TOD deed

• Small-estate affidavit cap. $25,000
• Real estate. Voluntary administration is only for estates made up entirely of personal property. Real estate in the decedent's name needs informal or formal probate.
• Informal probate; small-estate summary distribution (M.G.L. c.190B §§3-1203, 3-1204). Above the voluntary administration limit, or when there is real estate, a personal representative is appointed by informal or formal probate. If the estate (less liens) does not exceed allowances, exempt property, administration, funeral and last-illness costs, the representative may distribute at once without notice to creditors and close by sworn statement. There is no fixed dollar cap.

All Massachusetts small-estate rules, with sources →

Good to know in Massachusetts

• Massachusetts has no statute authorizing a transfer-on-death deed for real estate. Bills to create one (e.g., H.1583 in the 188th General Court and H.1565 in the 189th) were filed but not enacted.
• MassHealth's estate-recovery page says recovery reaches only property in the member's probate estate; it does not recommend any planning device.

Official pages

• No TOD deed or other plan? How Massachusetts handles a small estate without probate →

Sources

• H.1565 (189th General Court) - transfer on death deeds for real property (not enacted) (read October 28, 2026)
• H.1583 (188th General Court) - transfer on death deeds for real property (not enacted) (read October 28, 2026)
• Mass.gov - Massachusetts Medicaid Estate Recovery (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.