Land records · Parcel maps · October 5, 2026
What Is a Transfer on Death Deed? TOD Land Records
A transfer on death deed names who gets the land when you die, without probate where allowed. How it is recorded and how to spot it on the parcel.
What is a transfer on death deed? In states that authorize it, a transfer on death (TOD) deed—sometimes called a beneficiary deed—lets an owner name who receives the real estate when the owner dies, without putting that land through probate. During the owner’s life the beneficiary usually has no present ownership, and the owner can typically revoke or replace the deed. Rules, forms, and whether TOD deeds exist at all are state-specific; this is a land-records overview, not estate advice.
How a TOD deed works in the records
- The owner records a deed that transfers the property effective at death to a named beneficiary.
- While the owner is alive, they generally keep full control—sell, mortgage, or revoke—subject to state statute.
- After death, the beneficiary often records an affidavit of death (or similar) so the assessor and recorder show the new owner.
Not every state offers TOD deeds for real estate. Some use transfer-on-death for vehicles or securities but not land. Confirm your state’s statute or ask a local attorney or title professional before relying on one.
How to spot one on a parcel
- Search the county recorder for the owner’s name and document types labeled transfer on death, beneficiary deed, or TOD.
- Read whether the deed is still in force or has a later revocation or replacement.
- Open the parcel on the county GIS viewer via our county GIS map directory and note the current owner of record—assessors may still show the living owner until the death affidavit is processed.
TOD deeds sit in the same chain of title as warranty and quitclaim deeds. They do not erase mortgages, tax liens, or other claims that already attach to the land.
What a TOD deed does not do
- It does not replace a will for other assets or override every other estate plan tool.
- It does not clear title defects; beneficiaries take the land subject to existing liens and exceptions.
- It may not work the way you expect if the property is held in certain trusts, with a co-owner, or under homestead rules unique to your state.
For ordinary deed reading, see how to read a property deed. For co-ownership labels that interact with survivorship, compare joint tenancy vs tenancy in common.
What is a transfer on death deed FAQ
Does every state allow transfer on death deeds for real estate?
No. Only some states authorize TOD or beneficiary deeds for land. Confirm your state’s statute before relying on one.
Can the owner sell the property after recording a TOD deed?
In most TOD statutes the owner keeps control during life and can sell, mortgage, or revoke, subject to the specific state law.
Does a TOD deed avoid all probate?
It can keep that parcel out of probate in states that allow it, but other assets and debts may still need probate or other administration.
Will the assessor show the beneficiary before death?
Usually not. The owner of record typically remains the living owner until a death affidavit or similar document is recorded and processed.