Transfer on Death

A revocable transfer on death deed is an instrument created to do the following (Probate Code 5614):

• Makes a donative transfer of real property to a named beneficiary.
• Become effective upon the transferor’s death.
• Remains revocable until the transferor’s death.
• A revocable transfer on death deed may also be known as a “revocable TOD deed.”

A revocable transfer on death deed is not effective unless all of the following conditions are satisfied (Probate Code 5652):

• The deed is signed by the transferor and dated.
• The deed is signed by two witnesses who were present and witnessed either the signing of the deed or the transferor’s acknowledgment that the transferor had signed the deed.
• The deed is acknowledged before a notary public.

View or download the templates below: