Transfer-on-Death Deed

A conveyance of real property or an estate for years that is acknowledged, certified and recorded is constructive notice of its contents to subsequent purchasers and mortgagees from filing, with rules for certified…

A revocable transfer on death deed is an instrument created under this part that makes a donative transfer of real property to a named beneficiary, operates on the transferor's death and remains revocable until then;

A revocable transfer on death deed is not effective unless recorded on or before 60 days after it was acknowledged before a notary; delivery to and acceptance by the beneficiary during life are not required;

An instrument revoking a revocable transfer on death deed must be executed and recorded in the same manner as the deed, and no joinder, consent, agreement of or notice to the beneficiary is required.

At death the deed transfers all of the transferor's interest, subject to the beneficiary's right to disclaim;

California: Civil Code 1091 requires the specified written, subscribed transfer or operation of law, including an agent authorized in writing; 1092 supplies a short grant form.

The revocable transfer on death deed part applies to deeds by transferors who die on or after January 1, 2016, whenever executed or recorded;

Statutory form: the deed must be substantially in this form, whose first page carries the recording block, the documentary transfer tax and preliminary change of ownership report exemptions, a notice that the deed must…

Delaware rule that a transfer on death deed is effective without notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life, and without consideration.

Delaware rule that during the transferor's life a transfer on death deed does not affect the transferor's or any other owner's rights, including the right to transfer or encumber the property, the rights of transferees…

Land is transferred by DEED, without livery of seisin, and the legal estate passes with the use. The foundational Delaware conveyancing section; the formalities that make the deed recordable are in title 9 chapter 96.

Delaware rule that a transfer on death deed is revocable even if the deed or another instrument says otherwise. A deed should not describe the designation as irrevocable.

Delaware rules at the transferor's death: the property passes to designated beneficiaries who survive the transferor, a nonsurviving beneficiary's interest lapses, concurrent interests pass in equal undivided shares…

A deed or letter of attorney concerning land, ONCE ACKNOWLEDGED OR PROVED AND THE ACKNOWLEDGMENT CERTIFIED, is recorded with its certificate in the recorder's office for the county where the land lies.

Delaware authority for the transfer on death deed: an individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Delaware rule that a recorded transfer on death deed is revoked only by a later transfer on death deed, an instrument of revocation or an inter vivos deed that expressly revokes it, acknowledged after the deed being…

Delaware optional statutory form of revocable transfer on death deed, with the owner notice, identifying information, legal description, primary and alternate beneficiaries, the transfer-at-death clause, owner…

Delaware text allowing a Register of Wills to adopt a form for a beneficiary's notice of the transferor's death, permitting the beneficiary to file the death certificate and obtain a certified copy from the Office of…

D.C. definitions for the Uniform Real Property Transfer on Death Act: beneficiary, designated beneficiary, joint owner (joint tenancy and tenancy by the entirety, not tenancy in common), person, property as an interest…

D.C. text: a transfer on death deed is effective without notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life, and without consideration.

D.C. text: during the transferor's life the deed does not affect the rights of the transferor, other owners, transferees or the transferor's creditors (even with notice) or public-assistance eligibility, creates no…

D.C. text: a transfer on death deed is revocable under § 19-604.11 even if the deed or another instrument contains a contrary provision. This source alone does not establish whether a particular deed has been revoked.

D.C. rules at death, subject to the deed and to §§ 16-910, 18-308, 19-320, 19-502 and Chapter 1 of Title 19: the property passes to a surviving designated beneficiary, a nonsurviving beneficiary's interest lapses,…

D.C. authority: an individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. Read with §§ 19-604.09 and 19-604.13.

D.C. text: a transfer on death deed is nontestamentary. This source alone does not establish the probate or tax treatment of the property.

D.C. revocation rule: a recorded deed is revoked only by a later transfer on death deed, an instrument of revocation, or an inter vivos deed that revokes it expressly (or, for a later transfer on death deed, by…

D.C. optional statutory form of Revocable Transfer on Death Deed, with a notice to owner that it must be recorded before death, the owners' identifying information and legal description, primary and optional alternate…

D.C. text: a transferee of a nonprobate transfer (a revocable transfer effective at death, other than a survivorship interest in a joint tenancy of real estate) is liable to the probate estate for allowed claims and…

Maryland text (effective October 1, 2026): a transfer-on-death deed is effective if, before the transferor's death, it is recorded in the land records of the county where the property lies in accordance with Real…

Maryland definitions for the new Title 14, Subtitle 10 (enacted by 2026 chapters 750 and 751, effective October 1, 2026, and read here from the legislature's enacted-text view): beneficiary, designated beneficiary,…

Maryland authority (effective October 1, 2026): an owner may transfer property to one or more beneficiaries effective at the transferor's death by a transfer-on-death deed;

Maryland text (effective October 1, 2026): a transfer-on-death deed must comply with Real Property § 4-101 (requisites of a deed) except as this section provides, and must state that the transfer to the designated…

Maryland text (effective October 1, 2026): during the transferor's life the deed does not affect the rights of the transferor, other owners, transferees or the transferor's creditors, or public-assistance eligibility,…

Maryland rules at death (effective October 1, 2026): subject to the pretermitted-child share, the surviving spouse's elective share, revocation by later marriage and child or by divorce under Estates and Trusts §…

Maryland statutory form transfer-on-death deed (effective October 1, 2026): an individual may use it by executing, acknowledging and recording it before death, stating that the transfer occurs at death;

Session law, approved May 26, 2026, enacting the Maryland Transfer-on-Death Deed Act (Real Property §§ 14-1001 to 14-1014), adding Estates and Trusts § 1-402, amending the disclaimer act and Real Property § 3-104…

Maryland Estates and Trusts text added by the 2026 act (effective October 1, 2026): a transfer-on-death deed made under Real Property Title 14, Subtitle 10 is effective according to that subtitle, and transfers under it…

Maryland text (effective October 1, 2026): a transfer-on-death deed is nontestamentary, is revocable even if the deed or another instrument says otherwise, and requires the same capacity as a will to make or revoke.

The counterpart form where the acknowledgment is taken outside New York, including the requirement that the certificate name the jurisdiction.

A divorce, annulment, declaration of nullity or dissolution revokes by operation of law every disposition, appointment of property, fiduciary nomination and power of appointment in favor of the former spouse, and the…

This section supplies the exact form of certificate of acknowledgment for an individual within New York, the form that the power of attorney's acknowledgment must follow because GOL 5-1501B requires the principal's…

New York statute authorizing a transfer on death deed of real property in the state: an individual may transfer property to beneficiaries effective at death by a revocable, nontestamentary deed made with testamentary…

A disposition to two or more persons creates a tenancy in common unless expressly declared to be a joint tenancy, but a disposition to a husband and wife creates a tenancy by the entirety unless expressly declared…

New York: section 291 permits recording in the property's county after execution is duly acknowledged or lawfully proved and the acknowledgment or proof certified as required.

List of officers before whom an acknowledgment or proof of a conveyance may be made within New York: anywhere in the state before a supreme court justice, official examiner of title, official referee or notary public;

Requires the officer taking an acknowledgment or proof to endorse or attach a certificate, and specifies what it must state. A New York deed's acknowledgment block must comply or the recording officer will refuse it.

A beneficiary of a disposition, which the section defines to include testamentary and nontestamentary transfers, may renounce all or part of the interest by a signed and acknowledged writing filed with the court having…

Except as the article otherwise provides, an acknowledgment can be made only by the person who executed the conveyance, and proof only by a subscribing witness to its execution.

An unrecorded deed or land contract is fraudulent as against a subsequent bona fide purchaser. Record in the county where the land lies, promptly.

Requires the administrator of the Medicaid estate recovery program to prescribe a form on which a surviving beneficiary of a transfer on death designation affidavit, or the beneficiary's representative, states whether…

What the beneficiary records after the owner's death to confirm the transfer. The step families miss, leaving title unmarketable.

Ohio text on the effect of a transfer on death designation affidavit under section 5302.22: the deceased owner's interest passes to the named beneficiaries who survive, in equal shares as tenants in common unless the…

Ohio: 5301.01(A) requires the grantor's signature and acknowledgment before a listed officer, who certifies the acknowledgment and signs the certificate. The current paragraph does not require two attesting witnesses.

OHIO'S TRANSFER ON DEATH DESIGNATION AFFIDAVIT lets real property pass outside probate to named beneficiaries.

Ohio text providing that, except as divisions (B)(12) and (C) of section 5302.23 provide, sections 5302.22, 5302.222 and 5302.23 do not affect a deed executed and recorded, or a transfer on death designation made,…

Ohio text on disclaimers of succession to property: a disclaimant includes, for nontestamentary instruments, a grantee, donee, person succeeding to a disclaimed interest, surviving joint or survivorship tenant and…

Texas text providing that a transfer on death deed is effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life, and without consideration.

Texas text providing that during the transferor's life a transfer on death deed does not affect the transferor's or another owner's rights, including the right to transfer or encumber the property, homestead rights and…

Texas text providing that a transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision. Read it with section 114.057 on how a revocation is made.

Texas text providing that an otherwise valid transfer on death deed is void as to a later grantee of an interest the transferor conveys during life after the deed is executed and recorded, if the conveying instrument or…

Texas text providing that, unless the deed or other law provides otherwise, at the transferor's death the interest passes to a designated beneficiary who survives by 120 hours;

Texas text providing that, subject to Property Code section 13.001, a beneficiary takes the real property subject to all conveyances, encumbrances, mortgages, liens and other interests to which it is subject at the…

Texas text authorizing an individual to transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Texas text providing that a transfer on death deed is a nontestamentary instrument. Read it with section 114.057(b), under which a will may not revoke or supersede a transfer on death deed.

Texas text providing that a recorded transfer on death deed, or part of it, is revoked by a later transfer on death deed or an instrument of revocation that the transferor acknowledges after acknowledging the deed and…

Texas text providing that, to the extent the transferor's estate is insufficient to pay claims, administration expenses, estate tax, or an allowance in lieu of exempt property or family allowance, the personal…

Virginia text: a transfer on death deed is effective without notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life, and without consideration.

Virginia text: during the transferor's life a transfer on death deed does not affect the transferor's or any other owner's rights (including the right to transfer or encumber), the rights of a transferee or of the…

Virginia text: a transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. The methods of revocation are in § 64.2-630.

Virginia rules at the transferor's death: subject to the elective share and other listed statutes, the interest vests in a designated beneficiary who survives the transferor, a nonsurviving beneficiary's interest…

Except where otherwise provided, the circuit court of any county or city, its clerk, or the clerk's duly qualified deputy in his office records a writing as to any person whose original signature is on it once that…

Virginia: sections 55.1-600 and 55.1-612 preserve acknowledgment AND proof routes.

Virginia authority for the transfer on death deed: an individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Virginia revocation rule: a recorded transfer on death deed is revoked only by a later transfer on death deed that revokes it expressly or names an inconsistent beneficiary, an instrument of revocation, or an inter…

Virginia optional statutory form of Revocable Transfer on Death Deed, with the recording and recordation-tax legends, primary and optional alternate beneficiary designations, legal description, the statutory revocation…

A writing recorded or docketed in a court of record must be an original or first generation printed form, legible copy, pen and ink, or typed ribbon copy meeting the instrument standards under §§ 17.1-227 and 42.1-82;