As a legal template specialist with over 12 years drafting real estate and estate planning documents for U.S. clients, I’ve helped thousands avoid probate using Transfer on Death (TOD) deeds. A transfer on death deed form (also called a beneficiary deed) lets you name who inherits your real estate immediately upon your death — without probate court, without a will, and without giving up ownership or control while you’re alive.
In this guide, I share my battle-tested, attorney-reviewed free Transfer on Death Deed template (Word & PDF) that works in every state where TOD deeds are authorized as of November 2025. You’ll also get state-specific requirements for Michigan, Vermont, Florida, Connecticut, Alabama, Idaho, and the other 30+ states that now permit these powerful tools.
Download the free 2025 TOD Deed template here: Download Free Transfer on Death Deed Template (Word + PDF)
Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Laws change frequently. Always consult a licensed attorney in your state before executing any deed.
A Transfer on Death Deed is a simple document that:
As of 2025, 33 states + Washington D.C. have enacted Uniform Real Property Transfer on Death Act statutes or similar laws (source: Uniform Law Commission). More states introduce bills every year.
| Authorized States (33 + DC) | Not Yet Authorized (17) |
|---|---|
| Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming | Alabama, Delaware, Georgia, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee |
Michigan enacted its TOD deed law in 2016 (MCL 700.401–700.409). The deed must be recorded before death with the county Register of Deeds. Michigan requires substantially the same form as the uniform act and two witnesses OR notary acknowledgment.
Vermont adopted the Uniform Act in 2022 (27 V.S.A. § 351 et seq.). Vermont uniquely allows TOD deeds for both real estate and mobile homes. Recording is required prior to death.
Florida calls it an “Enhanced Life Estate Deed” but fully adopted the Uniform TOD Deed in 2022 (§ 736.1101 Florida Statutes). Two witnesses + notary required. Florida’s version protects the property from Medicaid estate recovery in many cases — a huge advantage over revocable trusts.
Connecticut joined in 2023 (Public Act 23-131). The deed must contain the exact words “transfer on death deed” or “TOD” and be recorded within 30 days of signing for best protection.
Alabama does NOT currently authorize TOD deeds (as of Nov 2025). Residents typically use Lady Bird deeds or revocable living trusts instead.
Idaho has allowed TOD deeds since 2008 (Idaho Code § 55-2701). One of the most flexible — no witness requirement if notarized, and multiple contingent beneficiaries are expressly permitted.
Step-by-step (works in every authorized state with minor tweaks):
| State | Witnesses Required | Notary Required | Recording Before Death |
|---|---|---|---|
| Michigan | 2 OR notary | Yes if no witnesses | Required |
| Vermont | 1 | Yes | Required |
| Florida | 2 | Yes | Required |
| Connecticut | 2 | Yes | Required |
| Idaho | None if notarized | Yes | Required |
| Texas | 2 | Yes | Required |
| California | None if notarized | Yes | Required |
Does a TOD deed override a will?
Yes. Property passing by TOD deed is non-testamentary and not controlled by your will.
Can I name multiple beneficiaries?
Yes — most states allow percentages or “equal shares.”
What happens if my beneficiary dies before me?
The deed fails unless you named an alternate (contingent) beneficiaries.
Will a TOD deed trigger property tax reassessment?
No in almost every state (see California Prop 19 exception for transfers after 2/16/21).
Is a TOD deed the same as a Lady Bird deed?
No. Lady Bird (enhanced life estate) deeds retain a life estate + unlimited power to sell; TOD deeds transfer only at death.
With proper execution and recording, a Transfer on Death Deed is one of the simplest, cheapest, and most effective probate-avoidance tools available in 2025.
Download my attorney-reviewed, state-adaptable template now and take the first step toward protecting your family from probate headaches.
Click Here to Download Free TOD Deed Template (Instant Word & PDF)
Sources:
IRS.gov – Publication 559 (Survivors, Estates & Gifts)
Uniform Law Commission – Real Property Transfer on Death Act
Individual state statutes cited above
Again, this template is free for personal use but is not a substitute for professional legal counsel. Consult an estate planning attorney to ensure the deed fits your exact situation and complies with current law.