Skip probate

Transfer-on-death deeds for your home

In many states, one recorded form can pass a house without court.

Current as of October 2026. Laws and figures can change — see full disclaimer.

For most families, the home is the biggest thing anyone owns. It's also the thing most likely to end up in probate, the court process for settling an estate, because a house can't have a beneficiary the way a bank account can. In many states, a transfer-on-death (TOD) deed changes that.

What it is

A TOD deed is a document the owner signs and records with the county, naming who gets the home at their death. Some states call it a beneficiary deed. Until the owner dies, nothing changes: they still own the home, and can sell it, refinance it or cancel the deed without asking the beneficiary.

When the owner dies, the beneficiary usually records a death certificate, and sometimes a short form, with the county recorder. The home passes to them without probate.

Where it's available

34 states and Washington, D.C. allow TOD deeds as of October 2026, and the list grows most years. Five other states, Florida, Texas, Michigan, Vermont and West Virginia, allow a similar tool called a "Lady Bird" deed (Texas allows both). What matters is the state where the home is, not where the owner lives.

Things families commonly check

• It has to be recorded with the county recorder's office (sometimes called the register of deeds) where the home is, before death. In most states, a signed TOD deed found in a drawer afterward does nothing.
• The state's own form and signing rules. Some states require a notary, some also require witnesses.
• A backup beneficiary, in case the first one dies first. Without one, the home may go through probate after all.
• The mortgage. The home passes with any loan still on it.
• Medicaid and other debts. A TOD deed skips probate, but in many states it doesn't protect the home from the owner's creditors or a state claim to recover long-term care costs.

Naming several children on one deed is common, but it means they'll co-own the house and have to agree on whether to keep it, rent it or sell it.

What it costs

The county usually charges a small recording fee. Many people fill in the state form themselves; others pay a lawyer to prepare it, especially when the situation is complicated.