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Transfer-on-Death Deeds · Tennessee

Tennessee Transfer-on-Death Deed

Can you pass a Tennessee home to your heirs outside probate with a transfer-on-death deed? No — Tennessee does not offer a transfer-on-death deed for real property. This page explains why, and the verified alternatives Tennessee families use instead.

Written by TTA Editorial

Published July 26, 2026 · Last verified July 26, 2026 · Update policy: reviewed at least annually and on change in law; statutory tables re-verified each legislative session

At a glance

TOD / beneficiary deedNot available
InstrumentNone — not available for real property
Governing lawNo real-property TOD deed — 2025–26 URPTODA bill (HB 1793/SB 984) withdrawn; verify with the county register of deeds / an attorney
Community-property stateNo

Why Tennessee has no TOD deed

Tennessee does not authorize a statutory transfer-on-death (beneficiary) deed for real estate. There is no Uniform Real Property Transfer on Death Act in the current Tennessee Code, so an owner cannot pass Tennessee real property by a recorded beneficiary designation the way owners can in TOD-deed states.

Legislation to adopt the Tennessee Uniform Real Property Transfer on Death Act was introduced in the 2025–2026 session (HB 1793 / SB 984, with related SB 2029) and carried a proposed July 1, 2026 effective date, but the measure was withdrawn in February 2026 and did not become law. A proposed effective date in a withdrawn bill has no legal force.

To keep Tennessee real property out of probate, owners must use another recognized instrument rather than a TOD/beneficiary deed.

What to use instead

Because Tennessee offers no transfer-on-death deed, families keep a home out of probate with other tools. Common alternatives include:

  • Revocable living trust holding the real property
  • Tenancy by the entirety or joint tenancy with right of survivorship
  • Life estate deed (reserving a life estate, remainder to heirs)
  • Tennessee Community Property Trust (elective, Tenn. Code Ann. § 35-17-101 et seq. — a trust, not a TOD deed)

Mortgages, Medicaid & community property

Existing mortgages and liens

Not applicable to a TOD deed here. Under any alternative used, Tennessee real property passes subject to existing mortgages, judgment liens, and tax liens; survivorship or trust transfers do not clear secured debt.

Medicaid estate recovery

Because no real-property TOD deed exists in Tennessee, this route is unavailable. Owners weighing alternatives should note that TennCare (Tennessee's Medicaid program) operates a long-term-care estate recovery program pursuing the estates of deceased recipients; how any chosen tool interacts with TennCare recovery should be confirmed with the Bureau of TennCare and an attorney licensed in Tennessee.

Community property

Tennessee is a common-law (separate-property) state. Tennessee is a common-law (separate-property) state, not a community-property state. It does, however, offer an elective/opt-in community-property regime through the Tennessee Community Property Trust Act (Tenn. Code Ann. § 35-17-101 et seq.), which spouses must affirmatively create — this is a trust election, not a real-property TOD deed and not a substitute for one. Married owners more commonly use tenancy by the entirety, which carries survivorship and avoids probate.

State-specific quirks

The 2025–26 URPTODA bill was withdrawn

Tennessee's HB 1793 / SB 984 would have created a Uniform Real Property Transfer on Death Act effective July 1, 2026, but the sponsors withdrew it in February 2026 and it never became law. Content quoting the July 1, 2026 date can mislead readers into thinking TOD deeds are now available in Tennessee — they are not.

Community property trust is a different tool

Tennessee's optional community property trust (Tenn. Code Ann. § 35-17-101 et seq.) is an elective spousal trust used mainly for income-tax basis planning; it is not a transfer-on-death deed and does not give Tennessee a real-property beneficiary-deed option.

Sources & methodology

Methodology & sources

A current primary-source transfer-on-death deed statute could not be confirmed for Tennessee. Check the rule with the county recorder or an attorney licensed in Tennessee. Cited rules link to the state code or legislature when available, otherwise to a codified copy of the state code. Deed-form vendors and roundups are not sources. See our editorial standards.

General information, not legal advice. Medicaid estate recovery, mortgage terms, and co-ownership can affect whether a transfer-on-death deed works as intended. An attorney licensed in Tennessee can assess your situation.

Last verified July 26, 2026.