Guides › Transfer-on-Death Deeds
Updated July 31, 2026. Quick answer: 35 of 51 U.S. jurisdictions (states plus D.C.) currently authorize a transfer-on-death deed for real property. If you have read a different number — 27, 29, 32 — the article was written before the newest enactments: Georgia (effective July 1, 2024) and Delaware (effective December 2025) are among the most recent, and older lists have not caught up. We verified every row below against the statute text or a statute-quoting legal source on July 31, 2026.
Three corrections to what currently ranks
Florida does NOT have a TOD deed — despite what several 2024-era articles claim. The statute those articles cite (Fla. Stat. §732.4015) governs homestead devise restrictions and says nothing about transfer-on-death deeds; we fetched the current text to confirm. Florida’s actual tool is the Lady Bird (enhanced life estate) deed, a different instrument.
Delaware just joined. House Bill 147, signed September 5, 2025, adopted the Uniform Act effective early December 2025 (Del. Code tit. 25, ch. 2) — new enough that most national lists still count Delaware as a no.
Connecticut tried and failed — again. The 2026 bill (HB 05266) died in committee on May 6, 2026, the second failed attempt since 2016. Connecticut remains a no, with TOD registration available only for securities and vehicles, which is not the same thing.
The full table, statute-cited
| State | TOD deed for real property | Statute | Notes |
|---|---|---|---|
| Alabama | No | — | |
| Alaska | Yes | AS 13.48 (Uniform Real Property Transfer on Death Act) | In force at least since 2014 statutes (exact enactment year not independently pinned down beyond that). |
| Arizona | Yes | A.R.S. § 33-405 (Beneficiary deeds; recording; definitions) | Enacted 2001. |
| Arkansas | Yes | Ark. Code Ann. § 18-12-608 (Beneficiary deeds — Terms — Recording required) | |
| California | Yes | Cal. Prob. Code §§ 5600–5696 (Revocable Transfer on Death Deed) | Enacted 2015, effective Jan 1, 2016; sunset clause now extended to Jan 1, 2032. |
| Colorado | Yes | C.R.S. §§ 15-15-401 et seq. (beneficiary deed, part of the Colorado Probate Code, Nonproba | Enacted 2004. |
| Connecticut | No | — | No enactment as of 2026-07-31 (this session’s bill HB05266 died 5/6/2026). |
| Delaware | Yes | Del. Code Ann. tit. 25, ch. 2 (Uniform Real Property Transfer on Death Act) | Enacted 2025; effective Dec. 4-5, 2025 — one of the newest state adoptions in the country. |
| Florida | No (Lady Bird deed used instead) | — | Not authorized as of verification date 2026-07-31; no confirmed pending enactment found. |
| Georgia | Yes | O.C.G.A. Title 44, Chapter 17, §§44-17-1 through 44-17-7 ("Transfer on Death") | Enacted 2024 (effective July 1, 2024); amended again April 2026 — recent and still being refined. |
| Hawaii | Yes | Haw. Rev. Stat. Title 28, Chapter 527, §527-5 ("Transfer on death deed authorized") — Unif | Long-established — statute text appears in Justia’s archive back through at least 2016; not a recent change. |
| Idaho | No | — | Not authorized as of verification date 2026-07-31. |
| Illinois | Yes | 755 ILCS 27/ — Illinois Real Property Transfer on Death Instrument Act (originally titled | Enacted 2011/effective 2012; significantly amended, renamed, and expanded effective Jan. 1, 2022 (P.A. 102-68) |
| Indiana | Yes | Ind. Code §32-17-14 (Transfer on Death Property Act); TOD deed provisions specifically at | Long-established statute (original enactment approx. 2009); no recent (2024-2026) amendment surfaced in this s |
| Iowa | No | — | No enactment as of 7/31/2026. Iowa legislature has considered the Real Property Transfer on Death Act at least |
| Kansas | Yes | K.S.A. 59-3501 et seq. (Kansas Statutes Chapter 59, Article 35, "Transfer-on-Death") | Enacted 1997 — Kansas was one of the first states in the country to adopt a statutory TOD deed for real estate |
| Kentucky | No | — | Not enacted as of 7/31/2026 despite repeated attempts: HB94 (2018) died in committee 4/14/2018; HB72 (2023) di |
| Louisiana | No | — | No enactment; Louisiana has not adopted the Uniform Real Property Transfer on Death Act and, as a civil-law ju |
| Maine | Yes | 18-C M.R.S. §§6-401–6-417 (Maine Probate Code, Article 6, Part 4 — Uniform Real Property T | Enacted 2017 (PL 2017, c. 402, Pt. A, §2), with affirming amendment in 2019 (PL 2019, c. 417, Pt. B, §14); app |
| Maryland | Yes † | 2026 Md. Laws ch. 750 (HB738/SB651), amending Md. Code Ann., Real Property §§14-1001–14-10 | Signed by Governor Wes Moore May 26, 2026; effective October 1, 2026 — NOT YET EFFECTIVE as of today (7/31/202 |
| Massachusetts | No | — | Not enacted as of 7/31/2026. Bill H.1565 ("An Act authorizing owners of interests in real property to execute |
| Michigan | No (Lady Bird deed used instead) | — | N/A — no enactment exists as of 2026 |
| Minnesota | Yes | Minn. Stat. § 507.071 ("Transfer on Death Deeds") | Enacted 2008; codified in current form as of 2024 statutes checked |
| Mississippi | Yes | Miss. Code Ann. §§ 91-27-1 through 91-27-37 ("Mississippi Real Property Transfer-on-Death | Effective July 1, 2020 — Mississippi did not have this instrument before then |
| Missouri | Yes | Mo. Rev. Stat. § 461.025 ("Deeds effective on death of owner — recording, effect"), part o | Long-standing — one of the first states to authorize this instrument (1989) |
| Montana | Yes | Mont. Code Ann. §§ 72-6-401 et seq. ("Uniform Real Property Transfer on Death Act"), Title | Enacted 2019 (Ch. 313, L. 2019), replacing the prior 1991-era beneficiary deed statute (former § 72-6-121, now |
| Nebraska | Yes | Neb. Rev. Stat. §§ 76-3401 to 76-3423 ("Nebraska Uniform Real Property Transfer on Death A | Effective January 1, 2013 |
| Nevada | Yes | NRS 111.655–111.699 (Real Property Transfer on Death, "deed upon death") | Long-standing Nevada statute (one of the earlier adopters, pre-dating the Uniform Act model in current form); |
| New Hampshire | Yes | RSA 563-D (Uniform Real Property Transfer on Death Act), including RSA 563-D:19 (optional | Recently enacted — effective July 1, 2024 ("2024, 1:1, eff. July 1, 2024"), applies to TOD deeds made on or af |
| New Jersey | No | — | Not enacted as of July 2026. A bill to adopt the Uniform Real Property Transfer on Death Act (S3679, 222nd Leg |
| New Mexico | Yes | NMSA 1978 §§ 45-6-401 through 45-6-417 (Uniform Real Property Transfer on Death Act) | Enacted effective January 1, 2014, as part of New Mexico’s adoption of URPTODA (one of the earliest states to |
| New York | Yes | N.Y. Real Property Law (RPP) § 424, Article 12 | Newly enacted — effective July 19, 2024 (via 2024–2025 state budget legislation). This is a genuinely recent c |
| North Carolina | No (Lady Bird deed used instead) | — | Not enacted as of July 2026. Multiple attempts to adopt the Uniform Real Property Transfer on Death Act have f |
| North Dakota | Yes | N.D. Cent. Code ch. 30.1-32.1 (Uniform Real Property Transfer on Death Act, §§ 30.1-32.1-0 | Enacted 2011 (North Dakota was an early adopter of the Uniform Act). |
| Ohio | Yes | Ohio Rev. Code § 5302.22 (Transfer on Death Designation Affidavit); related sections 5302. | Current version effective December 28, 2009 (Senate Bill 124, 128th General Assembly); original TOD mechanism |
| Oklahoma | Yes | Okla. Stat. tit. 58, §§ 1251-1258 (Nontestamentary Transfer of Property Act) | Enacted 2008. |
| Oregon | Yes | Or. Rev. Stat. §§ 93.948-93.979 (Uniform Real Property Transfer on Death Act) | Enacted 2011 (2011 Oregon Laws ch. 212); in force since 2012. |
| Pennsylvania | No | — | Bill introduced in the 2025-2026 session; not yet law as of the 2026-07-31 verification date. |
| Rhode Island | No | — | No enactment as of the 2026-07-31 verification date. Note: some form-mill/blog sites (e.g., todform.com, getsn |
| South Carolina | No | — | S.49 introduced Jan 14, 2025; scstatehouse.gov shows last action referring it to Senate Judiciary Committee; a |
| South Dakota | Yes | S.D. Codified Laws §§ 29A-6-401 through 29A-6-435 (South Dakota Real Property Transfer on | Effective July 1, 2014. |
| Tennessee | No † | — | HB1793 (House companion) had sponsors withdrawn Feb 25, 2026 and was reported dead (billtrack50, checked Apr 2 |
| Texas | Yes | Tex. Est. Code Ann. ch. 114, §§ 114.001 et seq. (Texas Real Property Transfer on Death Act | Effective September 1, 2015. |
| Utah | Yes | Utah Code Ann. §§ 75-6-401 to 75-6-417 (Title 75, Chapter 6, Part 4 — Uniform Real Propert | Enacted 2016 (H.B. 60), amended 2018 (H.B. 94). Could not independently confirm the exact original effective d |
| Vermont | No (Lady Bird deed used instead) | — | No 2023-2026 enactment found for real-property TOD deeds despite several other states adding them in this wind |
| Virginia | Yes | Va. Code § 64.2-621 et seq. (Title 64.2, Ch. 6, Art. 5 — Uniform Real Property Transfer on | Effective July 1, 2013 |
| Washington | Yes | RCW 64.80 et seq. (Uniform Real Property Transfer on Death Act) | Applies to TOD deeds made before, on, or after June 12, 2014, by a transferor dying on or after June 12, 2014 |
| Washington DC | Yes | D.C. Code § 19-604.01 et seq. (Title 19, Subchapter IV — Uniform Real Property Transfers O | Enacted 2013 via D.C. Law 19-230 (§ 19-604.05 traces to D.C. Law 19-230, § 2(b), signed March 19, 2013) |
| West Virginia | Yes | W. Va. Code § 36-12-1 et seq. (Article 12 — Uniform Real Property Transfer on Death Act) | Enacted 2014 (Senate Bill 3, 2014 Regular Session) |
| Wisconsin | Yes | Wis. Stat. § 705.15 (Nonprobate transfer of real property on death) | First enacted 2005 Wis. Act 206 (predates the 2013-2014 uniform-act wave seen in other states); amended by 201 |
| Wyoming | Yes | Wyo. Stat. § 2-18-101 et seq. (Title 2, Ch. 18 — Nontestamentary Transfer of Real Property | Effective July 1, 2013 (2013 HB0201) |
† = we could verify this state only to medium confidence — confirm with a local practitioner before relying on it. Every other row is sourced to the statute text or a statute-quoting mirror, checked July 31, 2026.
If your state is a no
The alternatives, in rough order of cost: a Lady Bird deed where recognized (Florida, Michigan and a few others — how it differs), a revocable living trust (works everywhere, costs ~$2,475), and joint tenancy — which is usually a mistake with a child even though it works between spouses. What the deed is worth where it IS available: the probate math · the tax profile: no gift now, full step-up later · the failure modes: the five that actually happen.
One recorded document in 35 states. The other 16 need a plan.
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The number that surprises people who bought a long time ago
Downsizing is the one home sale where the gain is usually large and the exclusion usually still covers it. A couple who bought in 1994 for $180,000 and sell at $760,000 with $46,000 of selling costs have a realized gain of about $534,000 before improvements. That is above the $500,000 joint cap — but decades of capital improvements are exactly what brings it back under, and most sellers have never added them up.
Improvements are the lever, and the records are the constraint
A new roof, an addition, a replaced HVAC system, new windows, a finished basement: these add to basis. Repainting and repairs do not. Thirty years of improvements on a family home routinely total six figures, and every dollar of it reduces the gain dollar for dollar. The practical problem is documentary, not legal — the seller who kept receipts pays less than the identical seller who did not.
Why downsizers should check the net investment income tax separately
A retiree with modest ordinary income can still be pushed over the 3.8 percent NIIT threshold by the sale itself, because taxable gain is net investment income. The thresholds are $250,000 on a joint return and $200,000 otherwise, written into Section 1411(b) as fixed figures with no indexing. A sale that produces $120,000 of taxable gain on top of $180,000 of other income crosses the joint threshold and picks up 3.8 percent on the part above it.
The move itself may change the tax
Downsizing usually means moving, and sometimes across a state line. Some states tax the gain the federal exclusion just removed. If the sale and the move are in the same year, the order of the two matters, and it is worth checking the destination state before signing.
Related
Methodology
- Exclusion caps, the 2-of-5 test, the nonqualified-use allocation, the reduced-exclusion fraction and the depreciation carve-out are taken from the text of 26 U.S.C. 121. The 3.8 percent rate and its thresholds are from 26 U.S.C. 1411. Both were read on 2026-07-30.
- Section 121 caps and Section 1411 thresholds are written in the statute as fixed dollar amounts with no indexing mechanism, so they are built in. Long-term capital gain brackets ARE indexed annually, so your rate is an input rather than a lookup.
- Figures were computed by two independently written engines that agree to the cent, and the calculator on this page reproduces both exactly.
- Federal only. State treatment varies and some states do not follow the federal exclusion.
Educational estimate, not tax advice, and not a filed return. Federal only. Confirm anything that changes a filing decision with a CPA or tax attorney.
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