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
- The owner signs a beneficiary deed naming the beneficiary or beneficiaries.
- The deed is recorded in the county where the property sits, before the owner dies.
- The owner keeps control and can change or revoke the designation.
- 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
| Tool | When interest passes | Owner can sell alone? |
|---|---|---|
| Beneficiary deed / TOD deed | At death | Yes |
| Life estate deed | Remainder created at signing | Usually no |
| Lady bird deed | At death, owner keeps powers | Yes |
| Joint tenancy | Co-owner gets interest now | No |
| Living trust | Trust holds title now | Trustee 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
- The deed must be recorded before death; an unrecorded deed found in a drawer usually fails.
- It does not cover other assets, so a will is still needed.
- If a beneficiary dies first, state law and the deed’s wording decide whether their share lapses or passes to their descendants.
- Mortgages, liens, and taxes stay with the property.
- Some states allow creditors or Medicaid recovery to reach the property after death.
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.