Transfer on Death Deed Kit
GENERAL INSTRUCTIONS
Transfer on Death Deed Kit General Instructions, November 2015 Page 1
This Transfer on Death Deed Kit contains forms and instructions for: 1) creating a transfer on death deed, 2)
canceling a transfer on death deed, and 3) creating an affidavit of death.
WHAT IS A TRANSFER ON DEATH DEED?: A Transfer on Death Deed is a simple, inexpensive way to transfer
real estate to someone else upon your death. It does not involve going through probate court, which can be a
lengthy and costly process. It works similarly to a life insurance policy or a payable on death account at a bank
because the asset passes to your named beneficiary upon your death outside the probate system.
WHEN TO USE A TRANSFER ON DEATH DEED: You may want to use a transfer on death deed when you own
real property, such as a house or land, and you want to give that property to someone else when you die.
THINGS TO KNOW ABOUT USING A TRANSFER ON DEATH DEED:
1. A transfer on death deed does not affect any of your property rights during your lifetime. It only takes
effect after your death. You can sell the property, use it as collateral on a loan, get property tax exemptions,
and enjoy all the other property rights you currently have.
o The named beneficiary has no legal right to the property until your death. If you decide to sell the
property, the named beneficiary cannot stop you from doing so. The sale simply “voids” the transfer
on death deed and it is as if the transfer on death deed never existed.
2. You can only give someone the portion of the property that you own. For example, if you and your spouse
own the property in equal shares and you file a transfer on death deed giving the property to someone, like
a child or a friend, that person only gets your share of the property. Your spouse still has her share.
3. A transfer on death deed trumps a will.
o If you already have a will that gives the property to someone else, this transfer on death deed
“trumps” the will. The beneficiary named in the transfer on death deed gets the property, not the
person named in your will. If you already have a will, it is best to talk to an attorney about the pros
and cons of using a transfer on death deed.
o If you make a will at some point in the future that gives the property to a different person than the
beneficiary listed in this transfer on death deed, that provision does not override the deed. The
beneficiary named in this transfer on death deed still gets the property. If you change your mind
about who you want to get the property, you need to complete the cancellation of transfer on death
deed in the will (see below) or file an updated transfer on death deed.
4. A transfer on death deed does not protect the property from creditor claims. You may use a transfer on
death deed even if there is a debt or lien, such as a mortgage, against the property. However, upon your
death, your beneficiary takes the property subject to all mortgages, liens and claims and will be responsible
for paying those debts on the property. Also, if the property owner dies and has other unpaid debts, the
property could be tied up in probate court until those debts are resolved.
5. The transfer on death deed beneficiary must survive you by at least 120 hours. If not, the property is
treated as if the transfer on death deed did not exist.
6. A transfer on death deed cannot be created by a person acting under a property owner’s power of
attorney, however, that person can cancel the transfer of death deed.