Where you get a transfer on death form depends on what you want to pass to a beneficiary. For real estate, the deed form comes from your county recorder’s office or, in some states, an official state website. For a vehicle, the designation is handled through your state’s motor vehicle agency, usually on the title application itself. For a bank account, you request a payable-on-death form from the bank. For a brokerage or securities account, you request a transfer-on-death form from the firm holding the account.
Each source has its own rules and its own form, so it helps to know what to ask for before you walk in or click through a website.
Real Estate: Start With the County Recorder
For real property, the document is called a “transfer on death deed,” “beneficiary deed,” or “TOD deed,” depending on the state. Three places usually have it:
- The county recorder or registry of deeds. Many local land records offices keep blank TOD deed forms for the public and can tell you whether your state requires a specific statutory version. Some charge a small fee for the paper copy.
- State government websites. Some states publish an official statutory form or template. Using the official version lowers the risk of filing something that fails to meet state requirements.
- An estate planning attorney. An attorney can draft the deed to fit your situation, which matters if you own property in more than one state, want to name contingent beneficiaries, or have an unusual ownership structure.
Be careful with generic forms pulled from a search engine. States differ on mandatory language, formatting, witness requirements, and filing deadlines. A form that works in one state can be worthless in another.
First, Check Whether Your State Allows TOD Deeds
Before hunting down a form, confirm your state recognizes TOD deeds for real property. Roughly two-thirds of states currently do, some through the Uniform Real Property Transfer on Death Act and others through their own statutes. If your state does not authorize these deeds, recording one has no legal effect and the property will pass through probate or whatever other estate tool you have in place.
A few states offer a related instrument sometimes called a “Lady Bird deed” or enhanced life estate deed, which reaches a similar result through a different mechanism. If neither option exists where you live, a revocable living trust can accomplish the same probate-avoidance goal, though it takes more setup.
Vehicles: Ask Your State’s DMV
For motor vehicles, the TOD designation is handled by your state’s motor vehicle agency. In most states that allow it, the beneficiary information goes directly on the title application rather than on a separate document. You can request the application at the DMV office or download it from the agency’s website. Once you submit the completed application with a TOD beneficiary named, the agency issues a new title reflecting the designation.
Not every state permits TOD designations on vehicle titles, so check with your DMV before you start. Where it is allowed, you can usually change or remove the beneficiary later by submitting a new title application.
Bank Accounts: Ask the Bank for a POD Form
For checking accounts, savings accounts, certificates of deposit, and money market accounts, the designation is called “payable on death,” or POD. The bank holding the account provides the POD beneficiary form. It is not automatically part of the account opening paperwork, so you have to ask for it.
The form asks for each beneficiary’s full legal name, Social Security number, date of birth, address, and relationship to you. In community property states, spousal consent may be required if your spouse is not the sole beneficiary. Once signed and returned to the bank, the designation takes effect in the bank’s records. Nothing gets recorded at a government office.
Brokerage Accounts: Ask the Firm for a TOD Form
For stocks, bonds, mutual funds, and other securities held in a brokerage account, the designation is called “transfer on death,” or TOD. Your brokerage firm supplies the TOD beneficiary form. Most states have adopted the Uniform Transfer on Death Security Registration Act, which authorizes these designations.1FINRA. Plan Now to Smooth the Transfer of Your Brokerage Account Assets You can name one or more beneficiaries and change or revoke the designation later by submitting updated paperwork to the firm.
One caution applies to both POD and TOD account designations: the beneficiary form overrides anything you say in your will. If your will leaves everything to your spouse but your POD form names a sibling, the sibling gets the account. Keep beneficiary designations consistent with the rest of your estate plan.
Information You Need Before You Fill Out the Form
Whatever the asset, gather the following before you start writing on the form. Errors can void the document or create disputes after your death.
- Your identifying information. Full legal name and current residential address, exactly as they appear on the existing ownership record or account.
- Property or asset description. For real estate, this means the legal description from your current deed, not a street address. The legal description usually includes lot numbers, block identifiers, or metes and bounds measurements from a survey. For vehicles, the vehicle identification number and title number. For financial accounts, the account number.
- Beneficiary details. Full legal name and current address of every person you want to receive the asset. Many forms also ask for Social Security numbers and dates of birth to help verify identity when the time comes.
- Ownership shares. If you name more than one beneficiary, specify the percentage each person receives or whether they take as joint tenants. Ambiguity invites court disputes.
For real estate TOD deeds, check the legal description against your current recorded deed. A wrong lot number or a missing reference can make the deed unenforceable.
Signing, Notarizing, and Recording
A TOD deed for real estate must be signed by the property owner and notarized. Bring a government-issued photo ID, such as a driver’s license or passport, to the notary appointment. The notary verifies your identity, confirms you are signing voluntarily, and applies the seal. Notary fees for a standard acknowledgment typically range from about $2 to $25, depending on the state’s fee schedule.
A few states also require witnesses, usually two adults who are not named as beneficiaries. California, for example, requires two adult witnesses in addition to notarization. Check your state’s requirements before signing, because one missing step can invalidate the whole deed.
Recording the TOD deed at the county recorder is not optional. A deed that is signed and notarized but never recorded before the owner dies is legally void. Some states add deadlines; California requires recording within 60 days of notarization. Recording fees vary but commonly fall between $50 and $150, depending on the page count and local schedule. You can usually submit the deed in person or by mail, and you will get back a copy stamped with a filing date and recording reference number. Keep it somewhere safe and tell your beneficiaries it exists.
Vehicle TOD designations and financial account POD/TOD forms generally do not require notarization. You follow whatever signature process the DMV or financial institution uses, which is usually just your signature on the form.
Changing or Revoking the Designation Later
All TOD designations can be changed or revoked while you are alive. How you do it depends on the asset.
Real Estate
You have to create and record a new document before you die. There are three ways:
- Record a revocation instrument. A short notarized document stating that you revoke the previous TOD deed, filed at the same county recorder’s office where the original was recorded.
- Record a new TOD deed. A new deed naming a different beneficiary for the same property automatically supersedes the earlier one.
- Transfer the property during your lifetime. Selling or deeding the property to someone else extinguishes the TOD designation to the extent of the transferred interest.
Destroying your copy of the deed or crossing out the beneficiary’s name does not revoke it. The recorded version at the county office controls. If a revocation is not recorded before your death, the original TOD deed stays in effect.
Vehicles and Financial Accounts
For a vehicle, submit a new title application to the DMV with an updated or removed beneficiary. For a bank or brokerage account, contact the institution and complete its updated POD or TOD beneficiary form. The new form replaces the old one in the institution’s records.