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Guides › Transfer-on-Death Deeds
Updated August 7, 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, Nonprobate Transfers on Death) | 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") — Uniform Real Property Transfer on Death Act | 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 the "Residential Real Property Transfer on Death Instrument Act") | 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) | Long-established statute (original enactment approx. 2009); no recent (2024-2026) amendment surfaced in this search. |
| Iowa | No | — | No enactment as of 7/31/2026. |
| 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. |
| Louisiana | No | — | No enactment; Louisiana has not adopted the Uniform Real Property Transfer on Death Act. |
| Maine | Yes | 18-C M.R.S. §§6-401–6-417 (Maine Probate Code, Article 6, Part 4 — Uniform Real Property Transfer on Death Act) | Enacted 2017 (PL 2017, c. 402, Pt. A, §2), with affirming amendment in 2019 (PL 2019, c. 417, Pt. B, §14). |
| Maryland | Yes † | 2026 Md. Laws ch. 750 (HB738/SB651), amending Md. Code Ann., Real Property §§14-1001–14-1014 (plus conforming amendments to Estates & Trusts §§1-402, 9-201, 9-209, 9-212 and Tax-Property §§12-108, 13-207, 13-414) | Signed by Governor Wes Moore May 26, 2026; effective October 1, 2026 — NOT YET EFFECTIVE as of today (7/31/2026). Applies retroactively to TOD deeds executed/recorded before the effective date, provided the grantor survives to October 1, 2026. |
| Massachusetts | No | — | Not enacted as of 7/31/2026. Bill H.1565, 194th General Court (2025–2026 session), is currently pending, referred to the Judiciary Committee. |
| 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 | 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 of the Missouri Nonprobate Transfers Law, Ch. 461 | 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 72, ch. 6, part 4 | Enacted 2019 (Ch. 313, L. 2019), replacing the prior 1991-era beneficiary deed statute (former § 72-6-121, now repealed). |
| Nebraska | Yes | Neb. Rev. Stat. §§ 76-3401 to 76-3423 ("Nebraska Uniform Real Property Transfer on Death Act") | 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); current codification confirmed current as of the 2025 NRS republication. |
| New Hampshire | Yes | RSA 563-D (Uniform Real Property Transfer on Death Act), including RSA 563-D:19 (optional statutory form) | Recently enacted — effective July 1, 2024 ("2024, 1:1, eff. July 1, 2024"), applies to TOD deeds made on or after that date. |
| New Jersey | No | — | Not enacted as of July 2026. |
| 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 adopt the uniform act). |
| New York | Yes | N.Y. Real Property Law (RPP) § 424, Article 12 | Newly enacted — effective July 19, 2024 (via 2024–2025 state budget legislation). |
| North Carolina | No (Lady Bird deed used instead) | — | Not enacted as of July 2026. |
| North Dakota | Yes | N.D. Cent. Code ch. 30.1-32.1 (Uniform Real Property Transfer on Death Act, §§ 30.1-32.1-01 et seq.) | 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 5302.222, 5302.223 | Current version effective December 28, 2009 (Senate Bill 124, 128th General Assembly). |
| 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. |
| South Carolina | No | — | S.49 introduced Jan 14, 2025; scstatehouse.gov shows last action referring it to Senate Judiciary Committee. |
| South Dakota | Yes | S.D. Codified Laws §§ 29A-6-401 through 29A-6-435 (South Dakota Real Property Transfer on Death Act) | Effective July 1, 2014. |
| Tennessee | No † | — | Not enacted. Tennessee General Assembly records (114th GA, read 2026-08-24) show SB2029 last acted on 02/05/2026 — "Passed on Second Consideration, refer to Senate Judiciary Committee" — and its House companion HB1793 "Sponsor(s) withdrawn" on 02/25/2026, with no later action and no public chapter. |
| 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 Property Transfer on Death Act) | Enacted 2018 by H.B. 94 ("Uniform Real Property Transfer on Death Act"), Session Law Chapter 026, effective May 8, 2018. |
| 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 window. |
| Virginia | Yes | Va. Code § 64.2-621 et seq. (Title 64.2, Ch. 6, Art. 5 — Uniform Real Property Transfer on Death Act) | 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 (effective date June 12, 2014). |
| Washington DC | Yes | D.C. Code § 19-604.01 et seq. (Title 19, Subchapter IV — Uniform Real Property Transfers On Death) | 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 2017 Act 332 and 2025 Act 60. |
| Wyoming | Yes | Wyo. Stat. § 2-18-101 et seq. (Title 2, Ch. 18 — Nontestamentary Transfer of Real Property on Death Act) | 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 on the verified list
Thirty-five jurisdictions authorise a transfer on death deed — fewer than some lists claim and more than others. Where your state appears in the table above, LawDepot builds one, and recording it with the county is what makes it effective.
Create a transfer on death deed
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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 ~$2,700 as an attorney-drafted package), 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.
The ordered version, for your situation: the estate settlement roadmap asks six questions — state, will, how the house is titled, surviving spouse, rough values — and returns the steps in the order they actually have to happen, including whether your state’s small-estate shortcut legally reaches the house.
A surviving spouse can often override the will: the spousal elective share is not a flat one-third — it slides with the length of the marriage, up to 50%, and it applies to an augmented estate that reaches revocable trusts, POD/TOD accounts and life insurance.
The questions people actually ask
These come from what people actually search and ask in public threads on this topic. Each answer is a short summary of a page on this site that works the question through properly, with its sources; follow the link when the detail matters, which on most of these it does.
Does a transfer-on-death deed actually avoid probate?
For that property, yes — and only for that property. Everything else in the estate follows its own route, so a TOD deed is a targeted tool rather than an estate plan. What it does and does not reach.
Is a TOD deed the same as a Lady Bird deed?
No, and they are constantly conflated. They are different instruments with different mechanics, and the states that authorise one often do not authorise the other. The distinction that matters.
Does my heir lose the step-up in basis?
No — property passing by TOD deed gets the full step-up and the transfer is not treated as a lifetime gift, which is precisely what makes it preferable to adding someone to the deed. The tax treatment.
Why not just add my child as a joint owner instead?
Because adding a child is a gift with immediate consequences, while a TOD deed is not — the beneficiary gets nothing until death and you can revoke it at any time. Side by side.
Should I use a TOD deed or a living trust?
A TOD deed solves probate; it does not solve management if you become incapacitated. That is the fork, and it is why the answer depends on which problem you actually have. Choosing between them.
Where do transfer-on-death deeds go wrong in practice?
Not in theory — at the edges: a beneficiary who dies first, a co-owner who did not sign, a mortgage clause, a property in another state. The instrument works; the failures cluster in the situations people do not anticipate when they record it. The edge cases, listed.
Where does this fit in settling the estate overall?
A TOD deed handles one asset; the rest of the estate still has an order of operations, and whether your state’s small-estate shortcut reaches the remaining property depends on rules that vary sharply. Working it out in sequence saves the most expensive mistakes. The ordered roadmap.
Archived, citable copy. This dataset is deposited with a permanent DOI: 10.5281/zenodo.21742439. Free to reuse under CC BY 4.0 with attribution.
Find your state
Pick a state to pull whether it allows a TOD deed, and the statute straight out of the table below. Nothing is submitted and nothing leaves your browser.
Provenance audit: why the circulating lists disagree
The three corrections above are an audit in the Provenance File, our desk for tracing money claims to their source. The verdicts, the evidence tiers and a dated survey of what other publishers currently say are on the desk page itself, which carries no advertising and no affiliate link of any kind.
Why they are not on this page: this page carries an affiliate link, and a page that renders accuracy verdicts on other publishers should not also be selling something. The findings rest on statutes you can read yourself either way, but the separation matters more than the convenience.
What to cite instead
“As of August 2026, 35 US jurisdictions authorise a transfer-on-death deed for real property and 16 do not. Delaware is the newest, effective December 2025. Florida does not authorise one and uses the Lady Bird deed instead; Connecticut’s 2026 bill died in committee.”
Source: Clear Money Guide, Transfer-on-Death Deed States, statute-cited for all 51 jurisdictions. Free to reuse with attribution under CC BY 4.0.
Changelog correction, 7 August 2026. This page displayed an earlier “Updated” date than its last material change (the audit section added 2026-08-07). The date is now correct. The cause was structural rather than careless: our edit discipline replaces a table or appends sections in place to preserve earned content, and it was preserving the dateline along with it. On a page whose value is being current, that understates the thing readers came for, so the rule now is that any change to a tracker updates its date in the same operation.
How this page is kept current
What moves it: State legislatures. Adoption happens by session bill, so this list changes when a session enacts one — Delaware in December 2025 was the most recent. Bills that die are recorded too, because a pending bill is not a law.
What we do not promise. There is no automated watcher behind this page. What exists is a dated register of changes we already know are coming, checked at every batch close rather than waited on, plus a re-read whenever we touch the page for another reason. We would rather describe that plainly than claim a monitoring cadence we do not run — a tracker that overstates its own maintenance is the thing this page class exists to avoid.
Cite this
Clear Money Guide, Transfer-on-Death Deed States 2026. https://clearmoneyguide.com/transfer-on-death-deed-states/. Each row states the statute or agency source behind it and the date it was read.