Transfer on death deed: which states allow it and how to make one

What a transfer on death deed is

A transfer on death (TOD) deed is a deed you sign and record now that takes effect only at your death. Many states with one adopted the Uniform Real Property Transfer on Death Act (Virginia, Oregon, Washington, West Virginia, Maine and Delaware among them), so the core rules repeat from state to state: the deed is revocable, it is not a will, and it must be recorded before the owner dies.

• You keep the house. During your life the deed does not affect your right to sell, mortgage or give away the property, and it gives the beneficiary no interest in it.N.Y. Real Prop. Law § 424(10) · Md. Code, Real Prop. § 14-1007
• You can revoke it. It is revocable even if the deed says otherwise. You revoke it with a recorded revocation, a later recorded deed, or by selling the property.N.Y. Real Prop. Law § 424(4), (9) · Cal. Prob. Code § 5642
• The beneficiary does not need to know. No notice, delivery, acceptance or payment is needed during your life.Va. Code § 64.2-628 · Tex. Est. Code § 114.056 · K.S.A. 59-3501
• It must be recorded before death. An unrecorded deed found in a drawer after the death does nothing in any state on this page.Ariz. Rev. Stat. § 33-405(E) · Tex. Est. Code § 114.055
• It is not a will. A will signed before or after cannot override it in the states that say so, such as Kansas, Arizona, Colorado, Texas, Minnesota and Delaware.K.S.A. 59-3503(c) · Ariz. Rev. Stat. § 33-405(J) · Colo. Rev. Stat. § 15-15-405(4) · Tex. Est. Code § 114.057(b) · Minn. Stat. § 507.071, subd. 19
• Capacity. New York and Maryland require the same mental capacity as for a will; Texas the capacity to make a contract.N.Y. Real Prop. Law § 424(6) · Tex. Est. Code § 114.054

Which states allow transfer on death deeds

Allowed (28 states and DC, confirmed from official text): Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Kansas, Maine, Maryland, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Ohio, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

No law (confirmed from the official bill record): Kentucky, where Senate Bill 34 of 2026 would have created the Kentucky Uniform Real Property Transfer on Death Act; it passed the Senate 36-2 and its last action was "to Local Government (H)" on 3/24/26. Mississippi, where House Bill 729 of 2020 would have created one and died in committee; the Legislature's measure lists for 2018 to 2026 show no other such bill. Vermont, whose decedents' estates (Title 14) and property (Title 27) chapter lists have no transfer on death deed chapter; it has a statutory enhanced life estate deed instead (27 V.S.A. ch. 6, effective July 13, 2020).

Not checked for this page (19): Alabama, Alaska, Arkansas, Connecticut, Florida, Idaho, Indiana, Iowa, Louisiana, Massachusetts, Michigan, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina and Tennessee. These states' code sites refused this machine, run only in a browser, or publish their code on a non-official host, and no other official text was found in time. The table and the checker say "Not checked" for them; it does not mean they have no such deed.

1. Jul 1, 2024

   Georgia: transfer-on-death deeds (Act 496, SB 420; O.C.G.A. §§ 44-17-1 to 44-17-7). New Hampshire: RSA ch. 563-D, effective the same day.

2. Jul 19, 2024

   New York: Real Property Law § 424, added in the April 2024 state budget.

3. Dec 4, 2025

   Delaware: tit. 25, ch. 2 (House Bill 147, signed September 5, 2025) applies to owners dying on or after this day.

4. Apr 22, 2026

   Georgia: Act 379 (HB 413) changes acceptance, revocation and estate rules.

5. Oct 1, 2026

   Maryland: Transfer-on-Death Deed Act (2026 Md. Laws ch. 751, House Bill 738, approved May 26, 2026).

6. Jan 1, 2032

   California: the revocable TOD deed law ends unless extended (Prob. Code § 5600(c)); deeds signed before then stay valid.

How to make a transfer on death deed, step by step

1. 1Check that your state allows it. Use the checker above or the table of all 50 states and DC. If yours is not on the allowed list, see other ways to pass a home.
2. 2Get the exact legal description. Copy it word for word from your current recorded deed, or get it from the county recording office. A street address alone is not enough (N.H. RSA 563-D:19 form).
3. 3Use your state's form if it has one. Statutory forms: California (Prob. Code § 5642), New York (RPL § 424(15)), the District of Columbia (D.C. Code § 19-604.16), Maine (18-C M.R.S. § 6-417), Montana (§ 72-6-415), Utah (§ 75-6-416), Oregon (ORS 93.975, within ORS 93.948 to 93.979), Virginia (§ 64.2-635), New Hampshire (RSA 563-D:19), Delaware (tit. 25, § 216), South Dakota (§ 29A-6-430), Minnesota (§ 507.071, subd. 24), Kansas (K.S.A. 59-3502), Arizona (§ 33-405(K)), Colorado (C.R.S. § 15-15-404(1)), Wyoming (§ 2-18-104), Nevada (NRS 111.695), Georgia (O.C.G.A. § 44-17-3) and Maryland (2026 Md. Laws ch. 751); Nebraska prints the signing and witness form (§ 76-3409). Ohio uses an affidavit whose contents R.C. 5302.22(D) lists. Elsewhere follow the statute's elements, such as N.D. Cent. Code § 30.1-32.1-06 or New Hampshire's RSA 477:3 deed rules. Build a draft below.
4. 4Name each beneficiary by full name, and an alternate. Oregon voids a designation of a class like "my children" (ORS 93.961(2)), and Utah forbids class gifts (Utah Code § 75-6-405(2)). If you own the home with someone else, the deed covers only your share: California's form tells each co-owner to record a separate deed, and in most states a joint tenant's deed works only if that owner is the last survivor (Ariz. Rev. Stat. § 33-405(D); K.S.A. 59-3505; Tex. Est. Code § 114.103(b)).
5. 5Sign it the way your state requires. Before a notary everywhere. Two witnesses present at the same time in California and New York; 2 credible witnesses in Illinois (a beneficiary who witnesses can lose the gift); 2 witnesses, at least 1 not a beneficiary, in Delaware; 2 disinterested witnesses sworn before an officer in Nebraska; 1 unofficial witness and a notary in Georgia. Texas and Georgia do not allow an agent under a power of attorney to sign it.
6. 6Record it before death, and in time. Take it to the county recording office (recorder, register of deeds, county clerk, or in Hawaii the Bureau of Conveyances). California: within 60 days after it is notarized. New Hampshire: within 60 days after signing. Nebraska: within 30 days after signing. Everywhere: before the owner dies.
7. 7Keep the recorded copy and tell the beneficiary. Nobody must be told, but California's form warns that secrecy can cause complications and make fraud easier. Tell the beneficiary what to record after your death (see below).

Draft your deed from your state's own form

The template generator builds a draft for the 29 jurisdictions that allow a transfer on death deed. Where the statute prints a form, the draft quotes it; where it does not (Ohio, Missouri, North Dakota, Texas, Washington, West Virginia, Wisconsin, Hawaii and Illinois in the parts read), it lists the elements the statute requires. For California, New Hampshire and Nebraska it counts the recording deadline from the day you sign and can add it to your calendar.

Recording rules and deadlines

Where

The county land recordsRecorder, register of deeds, county clerk, county auditor (Washington), clerk of the county commission (West Virginia), circuit court clerk (Virginia), clerk of superior court (Georgia), Recorder of Deeds (DC), Bureau of Conveyances or Land Court (Hawaii).

When

Before the owner diesPlus 60 days after notarization in California, 60 days after signing in New Hampshire, and 30 days after signing in Nebraska.

Title

"Transfer on death deed"North Dakota requires "transfer on death deed" or "TOD" in the title; New Hampshire requires the title "Transfer on Death Deed".

Several counties

Record in eachIf the land lies in more than one county, record it in each (Maine's template and Delaware's form say so).

What a transfer on death deed does not do

• It does not clear the mortgage. The beneficiary takes the property subject to every mortgage, lien and encumbrance on it at the owner's death.Tex. Est. Code § 114.104(a) · S.D. Codified Laws § 29A-6-416 · Ohio Rev. Code § 5302.23(B)(7)
• It does not escape the owner's debts. If the probate estate cannot pay allowed claims and family allowances, the estate can enforce them against the property. Deadlines: 1 year in Virginia, 12 months in Utah, 18 months in New York, North Dakota and Oregon, and 2 years in Texas (the second anniversary of the death) and New Hampshire (no administration within 2 years bars it). Wisconsin bars a claim to recover the property unless a complaint is filed within 120 days after the death.Va. Code § 64.2-634 · Utah Code § 75-6-415 · N.Y. Real Prop. Law § 424(14) · N.D. Cent. Code § 30.1-32.1-12 · ORS 93.973 · Tex. Est. Code § 114.106 · RSA 563-D:16 · Wis. Stat. § 705.15(8)
• It does not avoid estate or gift tax. California's form answers "No" to whether it helps avoid gift and estate taxes; Nebraska's deed must warn that the property stays subject to inheritance tax.Cal. Prob. Code § 5642 · Neb. Rev. Stat. § 76-3410(b)
• It does not freeze property taxes. In California it has no effect on property taxes until death; then the change of ownership rules apply.Cal. Prob. Code § 5642
• It does not help if you lose capacity. It does nothing during your life. For that you need a power of attorney or a living trust.N.Y. Real Prop. Law § 424(10)
• It does not cover everything. Only the real estate in the deed. Bank accounts, cars and other property pass by their own beneficiary forms, by will, or by intestate succession.Wis. Stat. § 705.15(1m)

Does Medicaid take the house?

Federal law makes every state recover certain Medicaid costs from the estate of an enrollee who was 55 or older, and lets a state widen the "estate" to property that passed outside probate "through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement" (42 U.S.C. § 1396p(b)(4)(B)). States may not recover while a spouse, a child under 21, or a blind or disabled child survives, and must allow hardship waivers (Medicaid.gov). What happens to a house passed by a transfer on death deed depends on the state:

• Colorado: a beneficiary deed signed by a Medicaid applicant or recipient makes the home a countable resource, and the statutory form warns it may disqualify the grantor from Medicaid under Title 25.5, Colorado Revised Statutes.Colo. Rev. Stat. § 15-15-403, § 15-15-404
• Kansas: the beneficiary takes subject to the state's medical assistance claims.K.S.A. 59-3504(b)
• Minnesota: subject to Medical Assistance and other public assistance claims if the rest of the estate is short; a county clearance certificate is recorded after death.Minn. Stat. § 507.071, subds. 3, 20, 23 · § 256B.15
• Nebraska: the deed must warn that the beneficiary is personally liable for Medicaid reimbursement up to the property's value, and the state may require revocation for eligibility.Neb. Rev. Stat. §§ 76-3410(b), 76-3421
• Wyoming: the county clerk sends each recorded deed to the Department of Health within 14 days, the department may file a lien, and the beneficiary needs its certificate of clearance.Wyo. Stat. § 2-18-103(g), (n)
• South Dakota: the affidavit of confirmation must state that the Department of Social Services was told of the death.S.D. Codified Laws § 29A-6-427
• Nevada: the deed upon death law "must not be construed to limit the recovery of benefits paid for Medicaid".Nev. Rev. Stat. § 111.693
• Wisconsin: the Estate Recovery Program counts transfer on death property as non-probate property it recovers from.Wisconsin DHS P-13032
• California: the form says the deed does not affect Medi-Cal eligibility, but a beneficiary must notify the Department of Health Care Services of the death if the owner had Medi-Cal.Cal. Prob. Code §§ 5642, 215
• Texas: the property is not probate-estate property "for any purpose, including for purposes of Section 546.0403, Government Code", the section that carries out Medicaid estate recovery under Social Security Act § 1917(b)(1).Tex. Est. Code § 114.106(b) · Tex. Gov't Code § 546.0403

After the owner dies: what the beneficiary records

Title passes at death, but the land records still show the old owner until the beneficiary records proof. What to record, where the statute says:

• Ohio: an affidavit of confirmation, sworn before a notary, with a certified copy of the death certificate, presented to the county auditor and filed with the county recorder.Ohio Rev. Code § 5302.222
• California: record evidence of the death, file a change in ownership notice, send the heirs a copy of the deed and the death certificate, record an affidavit that the notice was sent, and notify the Department of Health Care Services if the owner had Medi-Cal.Cal. Prob. Code §§ 210, 215, 5642, 5681, 5682(c)
• South Dakota: a sworn affidavit of confirmation with a certified death certificate.S.D. Codified Laws § 29A-6-427
• Nevada: a Death of Grantor Affidavit with a copy of each grantor's death certificate and a declaration of value.Nev. Rev. Stat. § 111.699
• Minnesota: an affidavit of identity and survivorship with a certified death record, and a public assistance clearance certificate.Minn. Stat. § 507.071, subds. 20, 23
• Wyoming: an affidavit and a Department of Health certificate of clearance.Wyo. Stat. § 2-18-103(n)
• Wisconsin: a Termination of Decedent's Interest form (HT-110/TOD-110), signed by the TOD beneficiary; the transfer is exempt from the transfer fee.Waukesha County HT-110 instructions · Wis. Stat. § 77.25(11m)
• Georgia: an affidavit with the death certificate, recorded with the clerk of superior court; the 2026 Act changed the acceptance rules, so confirm the deadline with the clerk.O.C.G.A. § 44-17-2 (as amended 2026)
• Maine, Illinois and Maryland: an optional notice of death affidavit (Maine, Illinois) or notice of death (Maryland); the transfer does not depend on it.18-C M.R.S. § 6-414 · 755 ILCS 27/75 · 2026 Md. Laws ch. 751
• Colorado: proof of death recorded the same way as for a joint tenant.Colo. Rev. Stat. § 15-15-413

Changing or revoking a transfer on death deed

You can revoke or change it at any time before death, without the beneficiary's consent, but only by a recorded document. Tearing up your copy of a recorded deed does nothing (N.Y. Real Prop. Law § 424(9)(c)).

1. 1Record a revocation. Use the state's revocation form where there is one (Minnesota, Arizona, Colorado, Wyoming, Virginia, New York, Delaware, Nevada), acknowledged and recorded before death in the county where the deed is recorded.
2. 2Or record a new deed. A later recorded TOD deed revokes the earlier one expressly or by naming different beneficiaries (Tex. Est. Code § 114.057; K.S.A. 59-3503(b)). In Ohio a new affidavit supersedes the old one (R.C. 5302.23(B)(5)).
3. 3Or sell or give away the property. A deed only affects what you own at death. California's form adds that a sale or gift must be recorded within 120 days after the TOD deed would otherwise operate, or the TOD deed takes effect.

What happens if a beneficiary dies first

• The share usually lapses. In the uniform-act states, a beneficiary who does not survive the owner takes nothing, and a share of one of several beneficiaries goes to the others.N.Y. Real Prop. Law § 424(11) · 18-C M.R.S. § 6-413 · Va. Code § 64.2-632 · Cal. Prob. Code § 5652
• Name an alternate. Most forms have an alternate or contingent beneficiary line; Arizona and Wyoming make you choose whether a predeceased beneficiary's share is void or goes to that beneficiary's estate.Ariz. Rev. Stat. § 33-405(K) · Wyo. Stat. § 2-18-104
• Some states pass it to descendants. Minnesota gives a predeceased beneficiary's share to that beneficiary's surviving issue if the beneficiary was a grandparent or a descendant of a grandparent of the owner; Kansas does the same for deeds filed on or after July 1, 2023 unless the deed required survival.Minn. Stat. § 507.071, subd. 11 · K.S.A. 59-3504(c)
• Survive by 120 hours. South Dakota, Texas and Nebraska require the beneficiary to outlive the owner by 120 hours (five days) unless the deed says otherwise.S.D. Codified Laws § 29A-6-415 · Tex. Est. Code § 114.103 · Neb. Rev. Stat. § 76-3415
• If everyone dies first. The deed has no effect and the property goes through the owner's estate, by will or by intestate succession.Cal. Prob. Code § 5642 · Wis. Stat. § 705.15(4)

Transfer on death deed vs. living trust, will and joint ownership

A TOD deed is usually the simplest way to pass one home without probate where it is allowed. A living trust covers more property and incapacity but takes more paperwork. Joint ownership gives the co-owner rights now, which a TOD deed does not. In California, a deed meant to take effect only at death is not a valid transfer unless it meets the requirements of a will, which is why the state created a separate revocable TOD deed (see the quitclaim deed page).

Worked examples

Ohio: a widow names her two sons. Ohio uses an affidavit, not a deed.

Document

Transfer on death designation affidavitR.C. 5302.22: describes the house and refers to the recorded deed, states she is unmarried, names both sons by name.

Signing

Sworn before a notaryRecorded with the county recorder before her death; the fee is the same as for a deed.

Shares

One-half eachTwo beneficiaries take equal shares as tenants in common unless she designates otherwise (R.C. 5302.23(B)(1)).

After her death

Affidavit of confirmationA son swears it before a notary, attaches a certified death certificate, presents it to the county auditor and files it with the recorder (R.C. 5302.222).

California: the 60-day clock. A homeowner signs the statutory form on March 2, 2026, before two witnesses present at the same time, and a notary acknowledges her signature that day.

Notarized

March 2, 2026Two witnesses sign; their signatures need no notary (Prob. Code § 5642).

Record by

May 1, 202660 days after the date it was notarized (Prob. Code § 5626(a)). Recorded on May 4, 2026, it would not be effective.

Property

Single-family homeResidential property qualifies; farm land over 40 acres does not.

Sunset

January 1, 2032A deed she signs before then stays valid after the law ends (Prob. Code § 5600(c)).

Nebraska: witnesses and 30 days. An owner signs on June 10, 2026.

Signing

Owner + 2 disinterested witnessesAll sworn before a notary or other officer (Neb. Rev. Stat. § 76-3409).

Warnings

In the deedInheritance tax, Medicaid reimbursement, and possible revocation for Medicaid; for deeds created after September 3, 2025, property insurance that may expire thirty days after death (§ 76-3410(b)).

Record by

July 10, 2026Within 30 days after it is signed, and before death (§ 76-3410(a)(4)).

Transfer on death deeds in all 50 states and DC

Read on 2026-10-22 from each state's own statute, session law or bill record, or from the Internet Archive copy of that official page where the site refused this machine. "Not printed" means the official page read shows no in-force date. "Not checked" means no official text could be read for this page.

What to do next

Common questions

Official sources

1. Alabama Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. alison.legislature.state.al.us
2. Alaska State Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. akleg.gov
3. Ariz. Rev. Stat. § 33-405, beneficiary deeds; recording; with the statutory deed and revocation forms (current text) azleg.gov
4. Arkansas State Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. arkleg.state.ar.us
5. Cal. Prob. Code § 5642, the statutory revocable TOD deed form and its "common questions" (as amended by AB 288, effective Jan 1, 2024) leginfo.legislature.ca.gov
6. Cal. Prob. Code § 5600, scope and sunset of the revocable TOD deed law (January 1, 2032) leginfo.legislature.ca.gov
7. Cal. Prob. Code § 5626, recording within 60 days after notarization; no delivery or acceptance needed leginfo.legislature.ca.gov
8. Cal. Prob. Code § 5652, effect at death: lapse, tenants in common, liens and encumbrances leginfo.legislature.ca.gov
9. California State Board of Equalization, Letter To Assessors No. 2021/051 (Nov 29, 2021): SB 315 extends revocable TOD deeds to January 1, 2032 and defines the residential property they may cover boe.ca.gov
10. Colorado Revised Statutes 2024, Title 15, Article 15, Part 4: beneficiary deeds, with the statutory deed and revocation forms (Colorado Office of Legislative Legal Services, uncertified printout) content.leg.colorado.gov
11. Connecticut General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. cga.ct.gov
12. Del. Code tit. 25, ch. 2, Uniform Real Property Transfer on Death Act (85 Del. Laws, c. 212), with the optional deed and revocation forms delcode.delaware.gov
13. Kent County (Del.) Recorder of Deeds: Delaware recorders celebrate the signing of House Bill 147 (Sept. 23, 2025) kentcountyde.gov
14. D.C. Code § 19-604.09, requirements of a transfer on death deed (D.C. Law 19-230, Mar 19, 2013) code.dccouncil.gov
15. D.C. Code § 19-604.16, optional form of transfer on death deed code.dccouncil.gov
16. D.C. Code § 19-604.15, liability for creditor claims and statutory allowances code.dccouncil.gov
17. The Florida Senate: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. flsenate.gov
18. Georgia Office of Legislative Counsel, Summary of General Statutes Enacted at the 2024 Session (Act 496, SB 420: transfer-on-death deeds, effective July 1, 2024) legis.ga.gov
19. Georgia Office of Legislative Counsel, Summary of General Statutes Enacted at the 2026 Session (Act 379, HB 413: transfer-on-death deed changes, effective April 22, 2026) legis.ga.gov
20. Georgia Senate Bill 420 (2024), as passed: new O.C.G.A. ch. 44-17 with the transfer-on-death deed form in § 44-17-3 legis.ga.gov
21. Georgia House Bill 413 (2026), as passed House and Senate: acceptance affidavit, revocation and estate rules for transfer-on-death deeds legis.ga.gov
22. Haw. Rev. Stat. § 527-9, requirements: recorded with the Bureau of Conveyances or filed with the Land Court registrar before death capitol.hawaii.gov
23. Haw. Rev. Stat. § 527-3, applicability (July 1, 2011) capitol.hawaii.gov
24. Idaho State Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. legislature.idaho.gov
25. 755 ILCS 27/40, requirements of a transfer on death instrument (P.A. 102-68, eff. Jan 1, 2022) ilga.gov
26. 755 ILCS 27/45, signing, attestation by 2 credible witnesses, and notary acknowledgment ilga.gov
27. 755 ILCS 27/10, applicability (January 1, 2012; all real property since P.A. 102-68) ilga.gov
28. 755 ILCS 27/75, notice of death affidavit ilga.gov
29. Cook County Clerk (Ill.): Illinois Real Property Transfer on Death Instrument (TODI) form, rev. May 27, 2025 cookcountyclerkil.gov
30. Indiana General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. iga.in.gov
31. Iowa Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. legis.iowa.gov
32. K.S.A. 59-3501, real estate; transfer-on-death (Kansas Revisor of Statutes, current text) ksrevisor.gov
33. K.S.A. 59-3502, filing of transfer-on-death form with the register of deeds, with the statutory form ksrevisor.gov
34. K.S.A. 59-3503, revocation or change of the beneficiary; no revocation by will ksrevisor.gov
35. K.S.A. 59-3504, vesting at death; subject to mortgages, liens and Kansas medical assistance claims (amended 2023) ksrevisor.gov
36. Kentucky General Assembly, 2026 Regular Session, Senate Bill 34 (Uniform Real Property Transfer on Death Act): bill record and actions apps.legislature.ky.gov
37. Louisiana Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. legis.la.gov
38. Maine Revised Statutes, Title 18-C, Article 6 (nonprobate transfers on death), incl. Part 4, Uniform Real Property Transfer on Death Act (generated Oct 20, 2025) legislature.maine.gov
39. 18-C M.R.S. § 6-417, optional template for a transfer on death deed (amended PL 2023, c. 4) legislature.maine.gov
40. 2026 Laws of Maryland, Chapter 751 (House Bill 738), Maryland Transfer-on-Death Deed Act, approved May 26, 2026, effective Oct 1, 2026 mgaleg.maryland.gov
41. Maryland Department of Legislative Services, Fiscal and Policy Note, House Bill 738 (2026 session, enrolled, revised) mgaleg.maryland.gov
42. Massachusetts Legislature (the General Court): official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. malegislature.gov
43. Michigan Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. legislature.mi.gov
44. Minn. Stat. § 507.071, transfer on death deeds, with the statutory deed and revocation forms and the public assistance clearance rules (current text, amended 2025) revisor.mn.gov
45. Mississippi Legislature, 2020 Regular Session, House Bill 729 (Mississippi Uniform Real Property Transfer on Death Act; create): history, died in committee billstatus.ls.state.ms.us
46. Mississippi House Bill 729 (2020), as introduced billstatus.ls.state.ms.us
47. Mo. Rev. Stat. § 461.025, deeds effective on death of owner (beneficiary deeds), current text effective Aug 28, 1995 revisor.mo.gov
48. Mont. Code Ann. § 72-6-408, requirements (Montana Code Annotated 2025) mca.legmt.gov
49. Mont. Code Ann. § 72-6-415, optional form of transfer on death deed mca.legmt.gov
50. Mont. Code Ann. § 72-6-417, beneficiary deeds recorded before Oct 1, 2019 mca.legmt.gov
51. Mont. Code Ann. § 72-6-414, liability for creditor claims and statutory allowances mca.legmt.gov
52. Neb. Rev. Stat. § 76-3410, essential elements, warnings, recording within 30 days and before death (amended Laws 2025, LB422) nebraskalegislature.gov
53. Neb. Rev. Stat. § 76-3409, signature, two disinterested witnesses and officer's certificate (form) nebraskalegislature.gov
54. Neb. Rev. Stat. § 76-3421, Medicaid: the Department of Health and Human Services may require revocation nebraskalegislature.gov
55. Neb. Rev. Stat. § 76-3415, effect at the transferor's death; 120-hour survival nebraskalegislature.gov
56. Nev. Rev. Stat. chapter 111, NRS 111.655 to 111.699, deed upon death, with the deed, revocation and Death of Grantor Affidavit forms leg.state.nv.us
57. N.H. RSA 563-D:9, requirements: title, recording before death and within 60 days of signing (eff. July 1, 2024) gc.nh.gov
58. N.H. RSA 563-D:19, optional form of transfer on death deed gc.nh.gov
59. N.H. RSA 563-D:16, liability for creditor claims and statutory allowances gc.nh.gov
60. N.H. RSA 563-D:3, applicability gc.nh.gov
61. New Jersey Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. njleg.state.nj.us
62. New Mexico Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. nmlegis.gov
63. N.Y. Real Property Law § 424, transfer on death deed, with the statutory deed and revocation forms (New York State Senate, current text) nysenate.gov
64. Oneida County Clerk (N.Y.): Transfer on Death Deed, effective July 19, 2024, recording notes oneidacountyny.gov
65. North Carolina General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. ncleg.gov
66. N.D. Cent. Code ch. 30.1-32.1, Uniform Real Property Transfer on Death Act (North Dakota Legislative Branch, current text) ndlegis.gov
67. Ohio Rev. Code § 5302.22, transfer on death designation affidavit (effective Dec 28, 2009) codes.ohio.gov
68. Ohio Rev. Code § 5302.222, affidavit of confirmation after the owner dies (effective Jan 30, 2014) codes.ohio.gov
69. Ohio Rev. Code § 5302.23, effect of the designation; contingent beneficiaries; revocation; liens (effective Mar 14, 2017) codes.ohio.gov
70. Oklahoma Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. oklegislature.gov
71. Or. Rev. Stat. chapter 93, §§ 93.948 to 93.985, Uniform Real Property Transfer on Death Act, with the statutory deed form (2025 edition) oregonlegislature.gov
72. Pennsylvania General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. palegis.us
73. Rhode Island General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. rilegislature.gov
74. South Carolina Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. scstatehouse.gov
75. S.D. Codified Laws § 29A-6-408, requirements of a transfer on death deed (SL 2014, ch 133) sdlegislature.gov
76. S.D. Codified Laws § 29A-6-430, optional form of transfer on death deed sdlegislature.gov
77. S.D. Codified Laws § 29A-6-427, affidavit of confirmation after the owner dies sdlegislature.gov
78. S.D. Codified Laws § 29A-6-416, beneficiary takes subject to all interests at the owner's death sdlegislature.gov
79. S.D. Codified Laws § 29A-6-415, effect at the owner's death; 120-hour survival sdlegislature.gov
80. Tennessee General Assembly: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. wapp.capitol.tn.gov
81. Texas Estates Code chapter 114, Texas Real Property Transfer on Death Act (Texas Legislative Council file server for statutes.capitol.texas.gov, current text) tcss.legis.texas.gov
82. Texas Government Code § 546.0403, recovery of certain Medicaid assistance under Social Security Act § 1917(b)(1) (eff. April 1, 2025) tcss.legis.texas.gov
83. Utah Code Title 75, Chapter 6 (nonprobate transfers), Part 4, Uniform Real Property Transfer on Death Act, with the optional form (re-enacted 2024) le.utah.gov
84. 27 V.S.A. chapter 6, Enhanced Life Estate Deed Act ("Lady Bird" deeds), with the optional form, effective July 13, 2020 (Vermont Statutes Online, through the 2026 session) legislature.vermont.gov
85. Vermont Statutes Online, Title 27 (Property): chapter list legislature.vermont.gov
86. Vermont Statutes Online, Title 14 (Decedents Estates and Fiduciary Relations): chapter list legislature.vermont.gov
87. Va. Code § 64.2-628, requirements of a transfer on death deed (amended 2022) law.lis.virginia.gov
88. Va. Code § 64.2-635, optional form of transfer on death deed (amended 2025) law.lis.virginia.gov
89. Va. Code § 64.2-634, liability for creditor claims and statutory allowances law.lis.virginia.gov
90. Va. Code § 64.2-632, effect of a transfer on death deed at the transferor's death law.lis.virginia.gov
91. RCW 64.80.060, requirements of a transfer on death deed (2014 c 58) app.leg.wa.gov
92. RCW 64.80.901, application (June 12, 2014) app.leg.wa.gov
93. RCW 64.80.120, liability for creditor claims and statutory allowances app.leg.wa.gov
94. RCW 64.80.020, transfer on death deed authorized; not for a deed in lieu of foreclosure app.leg.wa.gov
95. W. Va. Code § 36-12-9, requirements of a transfer on death deed code.wvlegislature.gov
96. W. Va. Code § 36-12-11, revocation by recorded instrument code.wvlegislature.gov
97. W. Va. Code § 36-12-3, applicability code.wvlegislature.gov
98. W. Va. Code § 36-12-1, short title (Uniform Real Property Transfer on Death Act), with bill history code.wvlegislature.gov
99. Wis. Stat. ch. 705 (2023-24 Wis. Stats., certified May 22, 2026), § 705.15, nonprobate transfer of real property on death docs.legis.wisconsin.gov
100. Waukesha County Register of Deeds: instructions for Wisconsin's Termination of Decedent's Interest form (HT-110 / TOD-110) waukeshacounty.gov
101. Wisconsin Department of Health Services, Estate Recovery Program handbook P-13032 (11/2024): non-probate property includes transfer on death property dhs.wisconsin.gov
102. Wyoming Statutes Title 2 (wills, decedents' estates and probate code), §§ 2-18-103 to 2-18-105: transfer on death deed, form and revocation form (Wyoming Legislature, current compilation) wyoleg.gov
103. Wyoming Statutes Title 34 (property), § 34-1-120(b) area: county clerk sends each recorded transfer on death deed to the Department of Health, Division of Healthcare Financing, within 14 days wyoleg.gov
104. Medicaid.gov (CMS): Estate recovery, what states must and may recover (current page) medicaid.gov
105. 42 U.S.C. § 1396p(b)(4): the Medicaid "estate" a state may recover from, including property passed by survivorship or other arrangement (U.S. Code, 2023 ed., govinfo) govinfo.gov

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