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Transfer on Death Deed Intake Interview

Step 1 of 18 - State

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  • If you are creating multiple entries, you can use this entry to help distinguish it from other entries. Otherwise, leave it blank.
  • Create Your TOD Deed in Minutes

    A Transfer-on-Death Deed—sometimes called a TOD deed, beneficiary deed, or deed upon death—allows owners to transfer real estate to beneficiaries at death while still maintaining control over the property during life. At death, the transfer happens automatically and without the need for probate.

    This interview will help create a customized, state-specific TOD deed in minutes. It guides you through a step-by-step interview to help you determine the language you need to achieve your goals. When the interview is complete, your software will create the deed and any related documents. It will also provide you with clear instructions about how to sign and record the deed.

    Before we get started, there are a few items that you will need to collect:

    • Prior deed to the property. You will need the prior deed to the property. If you are the current owner, this is the deed that transferred the property to you.
    • Names and addresses. You will need the names and addresses of every person that is transferring the property. You will also need the names and addresses of every person, business, or trust that is receiving the property.

    Gathering this information in advance will help streamline the TOD deed creation process.

  • Select the state where the property is located.
  • Acccording to our latest research, your state has not enacted a transfer-on-death deed act and does not recognize transfer-on-death deeds. There are other your state deeds that will transfer property on the death of an owner. Visit our Deed Interview and indicate that you want to Create a deed that transfers property upon the death of an owner to explore all available options.

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  • Each state has its own legal requirements. Your documents will be customized for use in your state.

  • County Information

    Enter the following information about the local jurisdiction where the property is located.
  • Fill in the blank: The property is in the ____ ___________District. For example, "First Judicial" or "Nineteenth Recording."
  • City or Town

    Indicate the city, town, or other jurisdiction where the property is located. The answers will be displayed in this format: __________ of __________. For example, "City of Philadephia" or "Town of Fowler."

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    The product name, including the state
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    Just the legal name of the document
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    Use the following format: A ___ to B. For example, "remises, releases, and quitclaims."
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    Use the following format: A and B ___ to C. For example, "remise, release, and quitclaim."
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    Title insurers in some states disfavor quitclaim deeds as instruments conveyance and prefer alternative deed forms.
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    For example, "Deed Without Warranty" or "No Warranty Deed"
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    Use the following format: A ___ to B. For example, "grants, bargains, sells, and conveys without warranty."
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    Use the following format: A and B ___ to C. For example, "grant, bargain, sell, and convey without warranty."
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    Use the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants specially."
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    Use the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant specially."
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    Use the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants generally."
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    Use the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant generally."
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    A trust certificate may be called, by other names, such as a certification of trust, trust certification, or affidavit of trust.
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    Fill in the blank: The transfer tax is assessed at a rate of _____.
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    Do not include the transfer tax return described above (if applicable).
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    For example, "chancery clerk" or "circuit court"
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    For example, "land records" or "record of deeds"
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    Fill in the blank: Recording costs ___. For example, "are $12.50 for the first page and $8.00 for each additional page."
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    Some states require the property tax number, also called an assessor's number or tax parcel number, to be included on the deed.
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    Some states require the deed to include the book and page or instrument number of the prior recorded deed.
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    Some states require deeds to include the name of the title insurance underwriter insuring such instrument or a statement that the existence of title insurance is unknown.
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  • Deceased Owners

  • A TOD deed is not the appropriate document to use to transfer property from an owner that is already deceased. Only a living person can create a TOD deed.

    If the deceased owner co-owned the property with other owners—or if the deceased owner left a life estate deed, TOD or beneficiary deed, or lady bird deed naming someone to inherit the property—you may be able to use a survivorship affidavit to remove the deceased owner (in which case you could still use this interview to create a TOD deed for the surviving owner).

    What is a Survivorship Affidavit?

    A survivorship affidavit is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner’s death in the land records.

    The purpose of a survivorship affidavit is to clear up the land records by letting third parties—including title companies, lenders, and the property tax officials—know that an owner has passed away and that you now own the property without that owner. It can be used in two situations:

    • While the deceased owner was alive, you and the deceased owner jointly owned the property as joint tenants with right of survivorship, tenants by the entirety, or community property with right of survivorship.
    • You did not own jointly own the property with the deceased owner while the deceased owner was alive, but the deceased owner named you to inherit the property through a life estate deed, TOD or beneficiary deed, or lady bird deed.

    If these conditions apply, you can create a survivorship affidavit to remove a deceased owner by completing our Survivorship Affidavit interview.

    What if Those Conditions Do Not Apply?

    If the conditions listed above for using a survivorship affidavit do not apply, you should speak to an attorney about probate or estate administration. This service cannot be used to transfer property from a deceased owner if there are no surviving owners named in a deed to inherit the property.

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  • Current Owner or Owners (Grantor/Grantors)

    Because a TOD deed only becomes effective on the death of an owner, all owners must be living individuals. If the owner is a deceased person, trust, business, or other organization you cannot create a TOD deed from that owner.
  • Use the Add Grantor button below to enter one or more Grantors. If you have already done so, you can use the Edit button to edit an entry or the Delete button to delete an entry.
    Grantor Name Actions
     
    Use the Add Grantor button below to add grantors.

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  • Current Owner (Grantor) Information

    Because a TOD deed only becomes effective on the death of an owner, all owners must be living individuals. If the owner is a deceased person, trust, business, or other organization you cannot create a TOD deed from that owner.
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  • Review the prior deed to the property. Does this owner's name differ in any way from the way the prior deed is worded? If so, choose "Yes."
  • your state is a community property state. In community property states, a married couple is treated as owning all property acquired during the marriage as community property (50/50 ownership), even if only one spouse's name is listed on the property. There are exceptions for property acquired by gift or inheritance.

  • Answer Yes if this owner uses the property as his or her principal residence.
  • Choose Yes only if this person is not able to sign the deed on his or her own behalf and has a valid power of attorney appointing an agent to sign the deed on his or her behalf. The power of attorney must authorize the agent to transfer real estate. A power of attorney should be used with caution, and only when the current owner is unable to sign on his or her own behalf.
  • Agent Information

    Enter the following information about the agent under this owner's power of attorney.
  • (Optional)
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  • Enter the title of the power of attorney that gives the agent the authority to sign documents. For example, "General Durable Power of Attorney."
  • Enter the signing date of the power of attorney that gives the agent the authority to sign documents.
    MM slash DD slash YYYY
  • Address

    List this owner's current address (the address where this owner lives and receives mail). The current owner's address may be different than the property address.
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  • Using TOD Deeds for Jointly Owned Property

    To comply with law, this interview and the related document is designed for use by a single grantor. If multiple grantors currently own the property, each grantor should create his or her own .

  • Selecting Yes will create a separate deed from the owner's spouse that names identical beneficiaries. You should only select this option if the owner's spouse will name the exact same beneficiaries as the owner.
  • Homestead Joinder

    State law generally requires a spouse to join in a conveyance of homestead property, even if that spouse is not listed on the deed to the property. Because the deed may not be valid without the spouse's signature, we strongly recommend including the spouse's signature.
  • Marital Property (Dower) Joinder

    State dower law generally requires a spouse to join in a conveyance of marital property, even if that spouse is not listed on the deed to the property. Because the deed may not be valid without the spouse's signature, we strongly recommend including the spouse's signature.
  • Spouse Information

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  • If this person's name is different in a previously filed deed or other document affecting the property, list that variation here.
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  • Naming Primary Beneficiaries

    State law allows you to name one or more primary beneficiaries (Primary Beneficiaries) to inherit the property on the current owner's death.
  • If you are married and want your spouse to own the property on your death, you must name your spouse as the primary beneficiary. If your spouse does not survive you, the property will transfer to any listed alternate beneficiary or beneficiaries on your death.

  • Warning: State law does not permit transfers to multiple primary beneficiaries with unequal interests. Do not proceed without changing your answer to 'This deed will transfer the property to a single primary beneficiary OR to multiple primary beneficiaries with equal interests.'

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  • Primary Beneficiaries

    Use the Add Beneficiary button below to enter one or more primary beneficiaries (Primary Beneficiaries). If you have already done so, you can use the Edit button to edit an entry or the Delete button to delete an entry.
  • Beneficiary Name Actions
     
    Use the Add Beneficiary button below to add beneficiaries.

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  • Predeceased Primary Beneficiaries

    The following options allow you to specify what will happen if one or more Primary Beneficiaries dies before the Current Owner or, for non-living Primary Beneficiaries like trusts or organizations, is not in existence on the Current Owner's death.
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  • Naming Alternate Beneficiaries

    State law allows you to name one or more Alternate Beneficiaries in case a Primary Beneficiary is deceased
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  • Your spouse will be named as the primary beneficiary. Use the options below to add one or more alternate beneficiaries.

  • Alternate Beneficiaries

    Use the Add Beneficiary button below to enter one or more alternate/contingent beneficiaries (Alternate Beneficiaries). If you have already done so, you can use the Edit button to edit an entry or the Delete button to delete an entry.
  • Beneficiary Name Actions
     
    Use the Add Beneficiary button below to add beneficiaries.

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  • Warranty of Title

    In the real estate context, a warranty of title is a guarantee that the transferor of real estate has the right to transfer ownership and that no one else can claim ownership of the property.

    If the deed includes a warranty of title and it turns out that there is a problem with title to the property—for example, if there is an undisclosed mortgage, a tax lien against the property, or an outstanding boundary dispute—the transferee may sue the transferor for breaching the warranty.

    Most deeds are named after the warranty of title they provide. In , the following types of deeds are identified by their warranty of title (or lack thereof):

    • . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, including actions that occurred before the current owner owned the property. Places all risk on the transferor. Often used in the sale context, when the seller is receiving value for the property.
    • . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, but only covers issues that arose while the current owner owned the property. Divides the risk between the transferor (who is responsible for issues that arose during the transferor's ownership) and the transferee (who is responsible for issues that arose before or after the transferor owned the property).
    • . Provides no warranty of title. The transferee acquires whatever interest the transferor has. The transferor is not responsible for any title issues, regardless of when they arose. All risk is on the transferee. A is used most often when transferring property to spouses or family members as a gift (without consideration).

    The choices below allow you to choose the warranty of title to apply.

  • If you know the type of deed you would like, choose it from the options below. Otherwise, choose Help Me Decide for assistance with determining the right deed form for you.
  • The decision of what warranty of title to provide depends on your goals and can vary from deed to deed.

    A warranty of title is a legal guarantee from the current owner (grantor) to the new owner (grantee) that there are no title issues. If a deed makes a warranty of title, the grantee can sue the grantor over any title issues.

    Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys.

    The questions below will help determine the correct warranty of title to include in the deed. For more information, see our discussion of Warranties of Title.

  • Most people choose "No" if the property is being transferred as a gift between family members or others that are in a close personal relationship OR if the transfer will take effect at death (e.g., a lady bird deed or TOD deed).
  • Choose if you want the grantor(s) to be responsible for all title issues, including those that relate to the time before the grantor(s) owned the property.

    Choose if you want the grantor(s) to be responsible for only title issues that relate to the time that the grantor(s) owned the property.

  • Suggestion:

    Choose if you do not want the grantor(s) to be responsible for any title issues affecting the property.

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  • Form of Co-Ownership

    The form of co-ownership specifies what happens if you leave property to one or more living beneficiaries (human beings), and one of them dies after inheriting the property under the TOD deed.

    Selecting Joint Tenancy with Right of Survivorship will leave the property to the surviving beneficiaries on the death of a beneficiary.

    Selecting Tenancy in Common will leave the property to a deceased beneficiary's heirs or the individuals named in his or her will. Probate is usually required for property held as tenants in common, but not for property held as joint tenancy with right of survivorship.

  • Joint Tenancy with Right of Survivorship should only be selected if two or more living persons could inherit the property and you want the entire interest of any deceased beneficiary to pass to the surviving beneficiary or beneficiaries. Joint tenancy with right of survivorship will not work for beneficiaries that are organizations or trusts or if there is only one beneficiary.
  • Some states do not allow property to be held as joint tenants with right of survivorship unless all owners have equal interests. Because the law in this area is not always clear or apparent, consider selecting Joint Tenancy with Right of Survivorship only if all beneficiaries have equal interests.

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  • Legal Description

    To be valid, a deed or affidavit must include a legal description. The legal description for the deed or affidavit purposes is not the same as the legal description from the property tax records. You should not use the description from the property tax records as the legal description. Make sure to get the legal description from the prior deed.
  • How to Find a Legal Description

    A legal description is a description of real estate that is sufficient to identify it for legal purposes. The best source of the legal description is the prior deed to the property (the deed that conveyed the property to the current owner or owners).

    To locate the legal description in the prior deed, look for words of introduction like '… described as follows.' This language indicates that the legal description is about to begin. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed.

    Example of Subdivision (Lot and Block) Legal Description

    If real estate is located in a subdivision, the legal description may be very simple. It will typically refer to one or more lots, the block (or blocks) on which the lots are located, the subdivision name, and the county and state.

    Lot and Block Legal Description

    Lot and Block Legal Description

    To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block.

    Example of Survey (Metes and Bounds) Legal Description

    A metes and bounds description describes the property by locating it within the public surveying system. The boundaries of the property are described by working around a parcel of real estate in sequence, starting with a point of beginning. The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Here’s an example of a metes and bounds description:

    Metes and Bounds Legal Description

    Metes and Bounds Legal Description

    To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds.

  • Selecting I will attach the legal description to the document will include a cover page for an exhibit that you can "attach" by adding the typed legal description on a separate document to be filed along with the deed. If your prior deed used an attached legal description, you may be able to use a copy of the same attachment.
  • Enter the legal description for the property. To find the legal description, look at the deed that conveyed the property to the current owner. For more information on how to locate and type a legal description, see What is a Legal Description of Real Estate?

  • Enter the number used to identify the property for local property tax purposes. It may go by different names, depending on the county. To locate it, look at prior tax statements, the prior deed to the property, or the city or county property tax records. Most counties have online search tools to search the property tax records. Leaving this answer blank will insert a blank space on the document to be filled in later.
  • Enter the indexing instructions. This information is required in your state in order to follow the chain of title. You can usually copy the indexing instructions from the prior deed.
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  • Prior Deed Information

    Enter information about the deed that transferred the property to the owner that is currently transferring the property. This information is used to connect the chain of title between owners.
  • Enter the name of the owner that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed.
  • Enter the title of the deed or other instrument that transferred the property to PDF (.pdf) files.
  • Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38"
  • Enter the date that the prior instrument was recorded. The date would have been stamped on the prior instrument by the clerk at the time that the prior instrument is recorded.
    MM slash DD slash YYYY
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  • Interest Conveyed

    Enter the following information about the interest conveyed. As a general rule, if all property owners are signing the deed (which is usually recommended), then the deed should convey the entire property.
  • If this document deals with only a partial interest in the property, select "Partial Interest." Otherwise, select "Entire Interest."
  • This document relates to an undivided ___ interest in the property (e.g., 1/2, 50 percent).
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  • Signing Information (Optional)

    Enter the following information about the place and date of signature. If you are unsure when or where the document will be signed, click Next to skip to the next section.
  • Select the state in which this document will be signed. If unsure, leave blank.
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  • Document Options

    The options below can help further customize your document to meet your preferences.
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  • PDF files do not require word processing software like Microsoft Word. The disadvantage of PDF files is that they are difficult to edit after assembly (although you can always contact us if you need to change your answers). Microsoft Word files can be edited in Microsoft Word (or compatible software) after the document is created.
  • Our software will look for items like improper capitalization and attempt to correct them. If you would like to turn this feature off, select No. It is usually best to leave the answer as Yes.
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  • Preparer Information

    Enter the following information about the person preparing this document.
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  • It is important to enter a valid e-mail address and to check that e-mail address for any correspondence from us. We do not sell your e-mail address or use it for anything other than communicating with you about this matter.
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  • Use the full context. For example, if your Texas bar number is 12345, enter "Texas Bar No. 12345" instead of just "12345."
  • The deed will be filed (recorded) in the land records. If you would like the recorded deed to be returned to an address other than the one listed above, select Yes and enter the address below. Otherwise, select No.
  • Return-To Address

    Enter the name and address where the documents should be returned once they are recorded
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  • Final Review

  • The completed deed will be delivered to you by e-mail at the e-mail address you provided. If that e-mail address is incorrect, please use the Previous button below to correct the e-mail address before submitting this form.

  • General Details editEdit
    Property Location:
    Deed Type:
    Deceased Owners editEdit
    Are any of the current owners deceased? No
    Current Owner ( That Owns Property Before the Deed is Signed) editEdit
    Legal Description editEdit
    Legal Description Option:
    Interest Conveyed editEdit
    Interest Type
    Signing Information editEdit
    Signing State (Optional): Unanswered (to be filled in on document at signing)
    Preparer Information editEdit
    Gender:
    Name:
    Email:
    Address:
    Attorney? No
    Different return-to address? No
  • Document Preview

    Please review the document carefully before proceeding.
  • General Details editEdit
    Property Location:
    Deed Type:
    Deceased Owners editEdit
    Are any of the current owners deceased? No
    Current Owner ( That Owns Property Before the Deed is Signed) editEdit
    Legal Description editEdit
    Legal Description Option:
    Interest Conveyed editEdit
    Interest Type
    Signing Information editEdit
    Signing State (Optional): Unanswered (to be filled in on document at signing)
    Preparer Information editEdit
    Gender:
    Name:
    Email:
    Address:
    Attorney? No
    Different return-to address? No
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