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Land records · Parcel maps · October 7, 2026

What Is a Beneficiary Deed? Passing Land at Death

What is a beneficiary deed? A recorded deed naming who receives property when the owner dies, while the owner keeps full control during life.

What is a beneficiary deed? A beneficiary deed is a deed that names one or more people to receive real estate when the current owner dies. It must be signed and recorded during the owner’s lifetime, but it does not transfer anything until death. Until then, the owner keeps full ownership: they can live in the property, sell it, mortgage it, or revoke the deed without the beneficiary’s consent. “Beneficiary deed” is the name used in states such as Arizona and Missouri; many other states call the same tool a transfer on death deed. This page is general land-records background, not legal advice.

How it works

  1. The owner signs a beneficiary deed naming the beneficiary or beneficiaries.
  2. The deed is recorded in the county where the property sits, before the owner dies.
  3. The owner keeps control and can change or revoke the designation.
  4. At death, the beneficiary records proof of death, often with an affidavit, to complete the transfer.

Because the deed is already on record, the property usually passes without probate. See what is a transfer on death deed.

Beneficiary deed vs other tools

ToolWhen interest passesOwner can sell alone?
Beneficiary deed / TOD deedAt deathYes
Life estate deedRemainder created at signingUsually no
Lady bird deedAt death, owner keeps powersYes
Joint tenancyCo-owner gets interest nowNo
Living trustTrust holds title nowTrustee can

Advantages

Beneficiary deeds are inexpensive and simple compared with setting up a trust. The beneficiary has no current interest, so their creditors, divorce, or bankruptcy generally cannot reach the property while the owner is alive. The owner can change their mind at any time by recording a revocation or a new deed.

Limits and risks

Naming beneficiaries

Owners can usually name more than one beneficiary, specify shares, and name contingent beneficiaries. Clear wording avoids disputes. Naming a minor may create problems, since a minor cannot easily manage or sell real estate without a guardian or custodian.

Revoking or changing

To revoke or change a beneficiary deed, the owner generally records a revocation or a new beneficiary deed. A later will usually does not override a recorded beneficiary deed. See how to record a deed.

After the owner dies

The beneficiary typically records a certified death certificate and any required affidavit of acceptance or affidavit of death. Title companies may also want proof that any estate taxes or creditor periods have been addressed before insuring a sale.

Bottom line

A beneficiary deed names who will receive property at the owner’s death while leaving the owner in full control during life. It must be recorded before death, can be revoked, and usually avoids probate for that property. Check your state’s specific rules and form. Find county recorders via the Platbookmapper map.

What is a beneficiary deed FAQ

Is a beneficiary deed the same as a TOD deed?

They are the same concept under different state names.

Can I sell property with a beneficiary deed on record?

Yes, the owner keeps full control and the beneficiary does not need to sign.

Does the beneficiary own anything before I die?

No, the interest passes only at death.

Can a will change a beneficiary deed?

Usually not; you change it by recording a new deed or revocation.

Does a beneficiary deed avoid probate?

Usually for that property, if it was properly recorded before death.

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