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A transfer-on-death deed — a “beneficiary deed” in some states — lets you name who inherits your home and pass it outside probate, while keeping full control during your life. But it is purely a creature of state law: most states offer one, a number do not, and the rules for recording and revoking it vary. This is the plain-English map — which states allow it in 2026, under what statute, with the recording rule and how the deed is revoked — each claim checked against the state’s own code, or honestly flagged where it could not be confirmed.
Last verified July 26, 2026.
The comparison table
Each jurisdiction’s availability and statute were checked against the state’s own code or legislature where a primary source could confirm them, and honestly flagged where they could not. It covers all 51 jurisdictions (the 50 states and the District of Columbia): 34 that offer a transfer-on-death or beneficiary deed you can record today, one more whose deed is enacted but not yet in force (Maryland, effective October 1, 2026), and 16 that do not. Every jurisdiction name links to its own page, where the requirements, revocation mechanics, and the Medicaid/mortgage/community-property notes are spelled out.
Each verified statute cell links the primary source it was checked against, with that source’s own effective marker. A cell marked “verify” is one we could not confirm from a primary source at the time of writing — we flag it rather than print a citation we cannot stand behind.
What a transfer-on-death deed is
A transfer-on-death (TOD) deed is a recorded deed that names a beneficiary to receive real property automatically at the owner’s death. It has three features that make it popular:
It avoids probate for that property — the home passes to the named beneficiary without a court proceeding.
It keeps control during life — the owner can sell, mortgage, re-deed, or change the beneficiary at any time. The beneficiary has no present interest and no say.
It is revocable — unlike an outright gift, naming a TOD beneficiary transfers nothing until death and can be undone.
Recording is what makes it work. In the states that offer one, a transfer-on-death deed must be recorded before the owner dies. A signed-but-unrecorded TOD deed is a common and costly mistake — it has no effect, and the property falls back into probate.
How to read this table
“TOD deed?” is availability for real property: a statutory, recordable, revocable deed that takes effect at death. The “Instrument” column names it — most states call it a transfer-on-death deed or a beneficiary deed; a few use a differently named tool that does the same job. “Recording” is the rule that governs when the deed must hit the county records, and “Revocation” is how the owner can change or undo it. The per-state page adds the execution details (notary, witnesses), the Medicaid estate-recovery flag, the mortgage/lien interaction, and the community-property note.
Where a TOD deed is not available
In the states that do not offer a transfer-on-death deed, the per-state page lists the verified alternatives families use instead — most often a revocable living trust, joint tenancy or community property with right of survivorship, or (in a handful of states) an enhanced-life-estate “Lady Bird” deed. We name an enhanced-life-estate deed as an option only for the states where it is actually recognized, and we say so with a source rather than implying it is available everywhere.
Where a primary source could confirm a jurisdiction’s availability and statute, this layer checked it against the state’s own code — an official legislature source where one is reachable, or a third-party codified mirror of that code where it is not — and dated it to that source’s own effective marker. Where a claim could not be confirmed from a primary source, the cell is flagged for the reader to check with the county recorder rather than guessed, and a flagged cell is not a verified one. Deed-form vendors and aggregator round-ups are not cited. State property and probate law changes every legislative session, so each page is dated and marks when it was last re-verified. See our editorial standards.
This page is educational and is not legal advice. Whether a transfer-on-death deed fits your situation — and whether it survives Medicaid estate recovery, a due-on-sale clause, or a co-owner’s survivorship right — turns on details a general table cannot capture; confirm your own situation with an attorney licensed in your state.