Transfer on death deeds (TODDs) are will substitutes that allow for the nonprobate transfer of real property in certain states. With a TODD, the transferor retains all rights to the property until death, when the property is automatically transferred to the beneficiary named in the TODD (though rules vary regarding the transfer of jointly owned property). The TODD must be recorded to be effective. The transferor may revoke a TODD during life by recording a revocation of the TODD.

The TODD is similar in purpose to the common law enhanced life estate deed (also known as a Lady Bird deed); namely, to reserve a life estate to the property's owner while revocably transferring a remainder interest to a beneficiary, which passes without the need for a probate on the property owner's death. However, the TODD is specifically prescribed by statute whereas the Lady Bird deed, if permitted, is prescribed by the common law. There may be small, but substantial distinctions between them (for example, whether or not the deed may be executed by an agent acting under a power of attorney, or whether or not the deed conveys certain warranties associated with title). There may be reasons, therefore, to prefer one over the other.

This Toolkit addresses TODDs and contains state-specific resources to help counsel draft TODDs that comply with state law. For a chart of state statutes authorizing the use of TODDS, see State Transfer on Death Deed Chart. To view and customize a comparision chart on TODDs in different states, see Quick Compare Chart, State Laws on Transfer on Death Deeds.