Transfer on Death Deed (Beneficiary Deed) Template

This Transfer on Death Deed (Beneficiary Deed) (“Deed”) is made on [Date] by:

Owner / Transferor: [Full Legal Name]
Address: [Address]
Email: [Email]
Phone: [Phone Number]

and designates the following beneficiary:

Grantee Beneficiary: [Full Legal Name]
Address: [Address]
Email: [Email]
Phone: [Phone Number]

1. Transfer on Death Designation

The Owner transfers on death to the Grantee Beneficiary the real property described in this Deed.

This Deed is intended to take effect only on the death of the Owner, subject to applicable state law and proper recording requirements.

2. Property Description

The real property covered by this Deed is located at:

Property Address: [Property Address]

Legal Description:
[Full Legal Description of Property]

Parcel Number / Tax ID: [Parcel Number, if applicable]

3. Nature of Transfer

This Deed does not transfer present ownership to the Grantee Beneficiary during the Owner’s lifetime.

During the Owner’s lifetime, the Owner reserves all rights in the property, including the right to:

• sell, transfer, or convey the property;

• mortgage, lease, or otherwise encumber the property;

• revoke or replace this Deed to the extent allowed by law;

• retain full possession, control, and use of the property.

4. Interest Transferred at Death

On the Owner’s death, the Grantee Beneficiary will receive only the interest in the property owned by the Owner at the time of death.

The property will pass subject to any mortgages, liens, easements, leases, encumbrances, contracts, or other interests affecting the property at the Owner’s death.

5. Beneficiary Designation

The primary Grantee Beneficiary is:

[Full Name of Primary Beneficiary]

If the primary Grantee Beneficiary does not survive the Owner, the property will be handled as follows:

• ☐ pass to the following alternate beneficiary: [Full Name]

• ☐ pass equally to the following alternate beneficiaries: [Name(s)]

• ☐ lapse and pass according to applicable law

• ☐ other: [Terms]

If more than one beneficiary is named and more than one survives the Owner, their shares will be:

• ☐ equal shares

• ☐ as follows: [Percentages or Shares]

• ☐ with right of survivorship, if allowed by applicable law

• ☐ without right of survivorship, if allowed by applicable law

6. Joint Ownership Provision

If the property is owned by more than one current owner, this Deed applies only to the interest of the signing Owner unless otherwise stated here:

[Describe joint tenancy, tenancy in common, community property interest, or other ownership details]

If additional current owners must sign for this Deed to be effective under applicable law, those owners should also execute this Deed.

7. Revocation and Changes

The Owner intends this Deed to be revocable to the extent permitted by applicable law.

The Owner understands that revocation or replacement may require a later recorded instrument or a later properly recorded transfer on death deed, depending on state law.

8. Prior Beneficiary Deeds

This Deed:

• ☐ revokes all prior transfer on death deeds or beneficiary deeds made by this Owner for this property

• ☐ does not revoke prior deed(s), except to the extent inconsistent

• ☐ other: [Terms]

9. Owner’s Statement

The Owner states that the Owner has the authority to execute this Deed and to designate the above beneficiary for the property interest described here.

The Owner intends this Deed to operate as a non-probate transfer effective at death, only to the extent permitted by applicable law.

10. Governing Law

This Deed will be governed by the laws of [State], including the laws that apply to transfer on death deeds, beneficiary deeds, recording, and real property transfers.

11. Signatures

Owner / Transferor

Signature: __________________________
Name: [Full Legal Name]
Date: [Date]

Additional Owner / Transferor (if applicable)

Signature: __________________________
Name: [Full Legal Name]
Date: [Date]

Witnesses

Witness 1 (if required by applicable law)

Signature: __________________________
Name: [Full Name]
Address: [Address]
Date: [Date]

Witness 2 (if required by applicable law)

Signature: __________________________
Name: [Full Name]
Address: [Address]
Date: [Date]

Notary

State of [State]
County of [County]

On [Date], before me, the undersigned notary public, personally appeared [Name of Owner / Transferor], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it for the purposes stated in it.

Notary Public Signature: __________________________
Name of Notary Public: [Full Name]
My Commission Expires: [Date]
Notary Seal: __________________________