What is a transfer on death deed?

What a transfer on death deed does

A transfer on death deed lets an owner put a beneficiary in the land records now, with the transfer set to happen at death. Georgia's code says a signed deed can designate a grantee beneficiary and transfer ownership when the record owner dies.

During the owner's life, the beneficiary does not get the normal rights of an owner just because their name is listed. Ohio says a TOD beneficiary has no interest in the real property until the owner dies. Georgia's form says the deed is revocable and does not transfer ownership until death.

That is different from adding someone as a co-owner now. It is also different from leaving the house only in a will. Wisconsin county materials say this type of document passes real estate in a non probate manner, and Ohio says the transfer is not testamentary and supersedes testate or intestate transfer of the same property.

Which states allow it

Rules differ by state. The table below uses the state code and county recorder sources listed at the end of this page.

How it is signed and recorded before death

The owner document must be signed or executed and recorded while the owner is alive in the states that allow it. Ohio says its designation affidavit must be recorded with the county recorder before death to be effective. Georgia says the deed is executed, attested, and recorded in the clerk of superior court's office in the county where the real estate is located before death.

Ohio says the owner does not have to give the document to the beneficiary for it to work. Ohio says its TOD designation affidavit does not need consideration and does not need delivery to the beneficiary to be effective, but it must be recorded before death.

Ohio uses an affidavit rather than a new deed form. Ohio Revised Code 5302.22 says an owner may designate all or part of the interest as transferable on death by executing a transfer on death designation affidavit, together with the owner's spouse if any. Georgia's statutory form warns that the deed is revocable and does not transfer any ownership until the death of the grantor.

What the beneficiary records after death

After the owner dies, the beneficiary usually has to record another document so the county records show the transfer. The name of the document and the death proof are different by state.

• Indiana: The Indiana State Board of Accounts says that, on the death of an owner whose transfer on death deed has been recorded, the beneficiary files an affidavit in the recorder's office for the county where the property is located.
• Ohio: The beneficiary records an affidavit of confirmation. Ohio Revised Code 5302.222 says the affidavit must be verified before a person authorized to administer oaths and must be accompanied by a certified copy of the death certificate.
• Tennessee: The Tennessee General Assembly page is a bill status page for a proposed act, not a recorded deed process for an enacted real estate TOD law.

How a beneficiary can get ready to sell

A beneficiary who wants to sell should first make sure the county record chain is complete. That usually means finding the recorded TOD document and then recording the after death affidavit or county form required in that state. Ohio requires a death certificate with the after death filing.

Once the after death steps are in the land records, the beneficiary can work on the normal sale issues: mortgage payoff, liens, repairs, tenants, and sale method. The TOD document does not erase a loan. If there is still a loan on the inherited property, this guide on selling a house with a mortgage may help.

Recorded liens also still matter. Ohio says the beneficiary takes subject to encumbrances, and lienholder rights, including mortgagees, judgment creditors, and mechanic's lien holders, are not affected. Georgia says the beneficiary takes subject to recorded mortgages, liens, security pledges, deeds of trust, leases, easements, and other listed interests. If a lien is showing in the title records, see how to sell a house with a lien.

A beneficiary can list the house, sell without an agent, or consider a cash buyer. Selling to a cash buyer is one option, but it does not replace the county TOD filing or make liens disappear. For a broader sale overview, see how to sell a house without a realtor.

What it does not do

A transfer on death deed does not give the beneficiary current ownership while the owner is alive in Ohio and Georgia under the cited sources. It also does not take the place of recording before death in Ohio or Georgia.

It does not remove mortgages, recorded liens, or other title interests. Ohio says lienholder rights are not affected. Georgia says the grantee beneficiary takes subject to all recorded conveyances, assignments, contracts, mortgages, liens, security pledges, and other listed interests.

It also should not be treated as Medicaid estate recovery protection. Ohio has a TOD related Medicaid estate recovery form rule for beneficiaries of transfer on death designation affidavits. That form asks whether the deceased owner, and the deceased owner's predeceased spouse, had been Medicaid recipients or whether the beneficiary does not know.

Finally, it is not a fix for a state that does not have an enacted TOD deed law. The Tennessee bill page describes a proposed act that would authorize transfer on death deeds, but the page also shows the House sponsor withdrawn.

Frequently asked questions

Sources

Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.

1. Indiana State Board of Accounts County Bulletin, Vol. 422 (Indiana State Board of Accounts)
2. Ohio Rev. Code 5302.22 (Ohio Laws / Ohio Revised Code)
3. Ohio Rev. Code 5302.222 (Ohio Laws / Ohio Revised Code)
4. Ohio Rev. Code 5302.23 (Ohio Laws / Ohio Revised Code)
5. Ohio Rev. Code 5302.221 (Ohio Laws / Ohio Revised Code)
6. Georgia Title 44, Chapter 17, Transfer-on-Death Deeds (Georgia General Assembly / Official Code of Georgia Annotated supplement)
7. Tennessee SB 2029 (Tennessee General Assembly)