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Estates · State comparisonTransfer on death deeds by state: what a TC needs to know in 15 states and DC

A transfer on death (TOD) deed – called a beneficiary deed in Arizona and Missouri – lets an owner name who receives a home at death without probate. In every state covered here the deed must be recorded before the owner dies, it can be revoked or changed during life by a recorded instrument, and the beneficiary takes the property subject to the owner's mortgages and liens. The owner stays free to sell during life. The differences matter at closing after a death: Minnesota requires a county clearance certificate and an affidavit of survivorship (Minn. Stat. §507.071), South Dakota an affidavit of confirmation with death certificates (SDCL 29A-6-427), Utah an affidavit with the death certificate (Utah Code §75-6-413(5)), Wyoming an affidavit with a Department of Health certificate of clearance on Medicaid claims (W.S. 2-18-103(n)), and Kansas and Wyoming make the property subject to state medical assistance claims (K.S.A. 59-3504(b); W.S. 2-18-103(g)). Virginia and Alaska set one-year and 12-month windows for creditor claims or contests (Va. Code §64.2-634; AS 13.48.045, .110), and Texas doesn't allow a TOD deed to be signed by an agent under a power of attorney (Tex. Est. Code ch. 114).

The states

  1. Texas (Estates Code ch. 114)

    Recorded before death; can't be made by power of attorney.

  2. Minnesota (§507.071)

    Recorded before death; clearance certificate and survivorship affidavit to sell.

  3. Virginia (§§64.2-621–636)

    Recorded before death; passes without warranty; one-year creditor window.

  4. Alaska (AS 13.48)

    Recorded before death; no class-only beneficiaries; 12-month limits.

  5. Arizona beneficiary deed (§33-405)

    Recorded before death; can name a revocable trust.

  6. Missouri beneficiary deed (RSMo 461.025)

    Recorded before death; a sale during life ends it for what's sold.

  7. Kansas (K.S.A. 59-3501)

    Recorded before death; not revocable by will; subject to medical assistance claims.

  8. Wyoming (W.S. 2-18-103)

    Recorded before death; affidavit and Department of Health clearance after death.

  9. Montana (MCA 72-6-401)

    Recorded before death; passes without warranty; insurance extended 45 days.

  10. North Dakota (ch. 30.1-32.1)

    "TOD" in the title; buyer for value from the beneficiary protected from creditors.

  11. Washington (RCW 64.80)

    Recorded with the county auditor; liens recorded up to 24 months after death bind it.

  12. Maine (18-C M.R.S. §6-401)

    Recorded in the registry of deeds; optional notice of death affidavit.

  13. South Dakota (SDCL 29A-6-401)

    Affidavit of confirmation after death; good-faith buyer from the beneficiary protected.

  14. District of Columbia (§19-604.09)

    Recorded with the Recorder of Deeds; passes subject to liens, without warranty.

  15. Utah (§75-6-409)

    Named beneficiaries only; affidavit with the death certificate recorded after death.

  16. Delaware (25 Del. C. §209)

    Owners dying from December 4, 2025; notarized and two witnesses; 8-month creditor window.

What the TC checks in any state

  • Was the deed recorded before the owner died?
  • Was it revoked, or was the property conveyed away, before death?
  • What must the beneficiaries record before they can sell – affidavits, clearance certificates?

Questions about TOD deeds

Can an owner sell a house that has a TOD deed on it?

Yes – in each of these states the deed takes effect only at death, so the owner can sell during life.

Does a TOD beneficiary take the house free of the mortgage?

No – in each of these states the beneficiary takes subject to the owner's mortgages and liens.

Which states require extra documents before a beneficiary sells?

Minnesota (county clearance certificate and survivorship affidavit), South Dakota (affidavit of confirmation), Utah (affidavit with the death certificate) and Wyoming (affidavit with a Department of Health clearance certificate), among the states here.

The state guides

Add a task in ClosingCode for the beneficiaries' documents, with an owner and a due date.

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Sources: Tex. Est. Code ch. 114; Minn. Stat. §507.071; Va. Code §§64.2-621–64.2-636; AS 13.48; A.R.S. §33-405; RSMo 461.025–461.033; K.S.A. 59-3501–59-3507; W.S. 2-18-103; MCA 72-6-401–72-6-418; N.D. Cent. Code ch. 30.1-32.1; RCW 64.80; 18-C M.R.S. §§6-401–6-418; SDCL 29A-6-401–29A-6-433; D.C. Code §§19-604.05–19-604.15; Utah Code §§75-6-401–75-6-417; 25 Del. C. §§201–221 (official state sites, read for the linked guides).

General information, not legal advice. Each state links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.