Does New Jersey allow a transfer on death deed?
No. New Jersey has no transfer on death deed law for real estate. Last checked .
New Jersey at a glance
- TOD deed for real estate
- No
How a house passes in New Jersey without a TOD deed
- Small-estate affidavit cap. $20,000 ($50,000 if the spouse claims)
- Real estate. The same affidavit covers real and personal assets; real property counts toward the $50,000/$20,000 cap.
- Administration (letters of administration) or probate before the county Surrogate. New Jersey has no separate summary court procedure for small estates; estates over the affidavit caps, or with a will, go through the Surrogate (administration or probate).
Good to know in New Jersey
- S3679 (Uniform Real Property Transfer on Death Act) was introduced 2026-02-24 and reported from the Senate Community and Urban Affairs Committee with amendments 2026-05-11; A1819 was introduced 2026-01-13 and referred to the Assembly Housing Committee. Neither is law as of October 28, 2026.
Official pages
Sources
- NJ Legislature S3679 bill history (2026) (read October 28, 2026)
- NJ Legislature A1819 bill history (2026) (read October 28, 2026)
- S3679 [1R] text (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.
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