Underwriting Manual: Transfer on Death Deeds
See Also
Standard Exceptions
- No references available.
Bulletins
- CA2016001 - UNDERWRITING - Revocable Transfer On Death Deeds [Revised 8-17-22; Revised 7-25-24]
- CA2017003 - UNDERWRITING - Transfer on Death Deeds Under the 2016 Act [Revised 10-8-19; 11-20-19; 4-27-23]
- CO2014001 - UNDERWRITING - Beneficiary Deeds - REVISED
- GA2024004 - UNDERWRITING - Transfer on Death Deeds
- ME2022001 - UNDERWRITING - Reminder regarding Transfer on Death Deeds
- MT2015001 - UNDERWRITING - Beneficiary Deeds
- MU2014004 - UNDERWRITING - Transfer on Death Deeds
- NE2012004 - The Nebraska Uniform Real Estate Transfer on Death Deed Act
- NE2015001 - UNDERWRITING - Transfer on Death Deeds - Nebraska
- NH2024001 - UNDERWRITING - Transfer on Death Deeds
- NM2019001 - UNDERWRITING - Transfer on Death Deed (TODD) Act Effective January 1, 2014
- NV2014001 - UNDERWRITING - Transfer on Death Deeds (Deeds Upon Death)
- OH2010001 - Senate Bill 124
- OK2008001 - Transfer-on-Death Deeds; 58 O.S. § 1251 et seq.
- TX2015003 - LEGISLATIVE UPDATE - 2015 Legislative Update - SB 462 -Transfer on Death Deed [Revised 11-26-18; 1-28-19]
- TX2017007 - LEGISLATIVE UPDATE - 2017 Legislative Update
- TX2019009 - LEGISLATIVE UPDATE - 2019 Legislative Update - 2 of 2
- VA2023002 - UNDERWRITING - Virginia Transfer on Death Deeds - “TODD’s”
- WI2009001 - Transfer On Death Deeds
- WY2017003 - UNDERWRITING - Wyoming Transfer on Death Deed (TODD)
Forms
- No references available.
State Supplements
View state supplements to the national underwriting manual.
Table of Contents
19.34.1
In General
Transfer on Death Deeds
Transfer on Death Deeds (TODDs), which may also be referred to as Beneficiary Deeds or Deeds Upon Death (DUDs) is a method of transferring property that is created by statute. These kinds of deeds allow for the non-probate transfer of real property upon the death of the transferor. Unlike other kinds of deeds, the transferee or grantee named in the deed acquires no rights in the property until the transferor has died. The transferor also retains the right to revoke the deed at any time prior to death. Because these deeds are created by statute, compliance with statutory prerequisites is necessary to create or revoke a TODD. Some states have adopted the Uniform Real Property Transfer on Death Act (URPTODA), while others have modeled their own statutes. It is important to note that many jurisdictions do not recognize TODDs. Similar to real property transferred through probate, claims of creditors may attach to property acquired via a TODD. These may include, but aren’t limited to, state and federal estate tax lien and Medicaid Recovery liens. Special requirements may exist prior to insuring a transaction where there is a TODD in the chain of title. For questions and to confirm your state’s underwriting requirements have been met, please contact your local Stewart underwriter.
States with TOD Bulletins
- Alaska
- California
- Colorado
- Georgia
- Maine
- Montana
- Nebraska
- New Hampshire
- New Mexico
- Nevada
- Ohio
- Oklahoma
- Oregon
- Texas
- Virginia
- Washington
- Wisconsin
- Wyoming
States with TOD Laws
- Alaska*
- Arizona
- Arkansas
- California
- Colorado
- District of Columbia*
- Georgia
- Hawaii*
- Illinois*
- Indiana
- Kansas
- Maine*
- Minnesota
- Mississippi*
- Missouri
- Montana
- Nebraska*
- Nevada*
- New Hampshire*
- New Mexico*
- North Dakota*
- Ohio
- Oklahoma
- Oregon*
- South Dakota*
- Texas*
- US Virgin Islands*
- Utah*
- Virginia*
- Washington*
- West Virginia*
- Wisconsin
- Wyoming
* States that have enacted the Uniform Real Property Transfer on Death Act (URPTODA)