Estate · Transfer-on-Death Deed

Can You Use a Transfer-on-Death Deed? The Rule in Each State

Whether your state lets you pass a home with a transfer-on-death deed, the formalities that make it valid, and the workarounds where it is not allowed. Each cited to the statute or the controlling practice.

6 of 50 states published. 2 verified against the official statute; the rest drafted from corroborating sources, including states that have no statute and rely on other tools.One rule is universal in every state that allows it: the deed must be recorded before death. A deed recorded after death is void.

Read this first: a 4-to-2 split, and one universal rule

A transfer-on-death deed names a beneficiary who takes your real estate automatically at death, outside probate, while you keep full control during life. Among these six states, California, Texas, Illinois, and New York allow it, and Florida and Pennsylvania do not. Florida fills the gap with a common-law Lady Bird deed; Pennsylvania offers no equivalent and points owners to trusts, life estate deeds, or joint ownership.

The details differ in ways that void a deed if you miss them. New York requires two witnesses, and Illinois requires will-style formalities on top of a deed. California uses a mandatory form, must be recorded within 60 days, and its statute sunsets in 2032. But one rule holds everywhere it is allowed: record the deed before death. Every figure links to the source, and pages still pending verification say so.

Pick your state

Whether it is allowed, the status, and the statute or practice on each card.

What these pages are, and what they aren't

Each state page is a reference for whether a transfer-on-death deed works and the neutral steps to use one. They are deliberately not advice for your estate: witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can all change the answer, so each page links to the statute and a way to reach a licensed attorney. This is legal information, not legal advice.