Transfer on Death Deeds (TODD) and Non-Probate Transfers
LIST Code: ES-01-04-00-00
LIST Code
ES-01-04-00-00
Title
Transfer on Death Deeds (TODD) and Non-Probate Transfers
Definition
Legal issues related to using a Transfer on Death Deed (TODD) to pass real property at death when a person owns more than one property. This includes questions about whether a single TODD can apply to multiple properties, whether separate deeds are required, and what alternatives may be more appropriate for managing multiple properties. This issue covers understanding how TODDs work, including state-specific rules about property descriptions, recording requirements, and limitations on what a single deed can cover. In many cases, each property must be separately identified and recorded, which may require multiple TODDs rather than one blanket document. Confusion often arises when property owners want a simple way to transfer several properties to the same beneficiary. It also includes comparing TODDs to other estate planning tools that may be better suited for multiple properties, such as living trusts or other non-probate transfer mechanisms. Legal questions may involve avoiding probate, minimizing administrative burden, ensuring clarity of ownership, and preventing disputes among heirs after death. Includes: - Using Transfer on Death Deeds for real property - Questions about covering multiple properties under one TODD - Recording and property-description requirements - Comparing TODDs with living trusts or other estate planning options - Planning non-probate transfers for multiple real estate assets