Transfer on Death Deed Form

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Updated Apr 17, 2025
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A Transfer on Death Deed is a legal document between a property owner and designated beneficiaries transferring ownership upon the owner’s death. It is used to bypass probate and ensure smooth inheritance of real estate.
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Written by Megan Thompson, LLB - Reviewed by Jonathan McGill, JD

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Paper titled "Transfer on Death Deed", grave, candles, man and woman talking

A printable transfer on death deed form is a legal document that allows property owners to pass real estate directly to a beneficiary when they die — without going through probate. This means that instead of the property getting tied up in long and potentially costly court proceedings, it goes straight to the person named on the TOD form. 

When Is a Transfer on Death Deed Used?

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A transfer on death deed form is beneficial in several life situations:

  • Simplifying estate planning — Individuals who want to avoid the complexities of probate often choose a transfer on death form to pass their real estate efficiently to someone they trust.

  • Protecting family property — A transfer on death deed printable form is often used in families to ensure that a home, land, or vacation property stays within the family without delay or legal conflict.

  • For single homeowners — People who are single, divorced, or widowed often use the transfer on death deed form to name children or relatives as beneficiaries.

  • Avoiding probate costs — Probate can be expensive and time-consuming. A TOD deed form allows beneficiaries to skip that step and receive the property faster.

  • Changes in life circumstances — If someone has experienced a major life change, such as marriage, divorce, or the birth of a child, a death deed transfer form can be used to update the named beneficiary.

How To Fill Out a Transfer on Death Deed?

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Step 1: Enter preparer and mailing information

Part of the transfer of deed on death form
  • Fill in the name and contact details of the person preparing the deed (can be you or an attorney);
  • Enter the name and address where the recorded deed should be mailed after processing by the county recorder.
Example:

Prepared by:
Leah Anderson
452 Maplewood Drive
Santa Fe, NM 87501

When recorded, mail to:
Same as above

Step 2: Identify the owner and grantee

Part of the form for transfer on death deed
  • Enter the full legal name of the Owner and their residential address;
  • Enter the full name and address of the Grantee (also called the Beneficiary);
  • Enter the property’s state, county, and full legal address.
Example:

I, Leah Anderson, an individual having my usual place of living at 452 Maplewood Drive, Santa Fe, NM 87501, (the “Owner”), hereby convey to Michael Cruz, an individual having their usual place of living at 909 Juniper Lane, Santa Fe, NM 87505, (the “Grantee”), effective on my death the following real property, located in the State of New Mexico, Santa Fe County: 452 Maplewood Drive, Santa Fe, NM 87501

Step 3: Designate an alternative grantee (optional)

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Part of the transfer of deed on death
  • Enter the name and address of the Alternative Grantee.
Example:

If the Grantee does not survive me, I designate the following alternative Grantee:
Julia Warner, an individual having her usual place of living at 1125 Sycamore Rd, Albuquerque, NM 87110 (the "Alternative Grantee").

Step 4: Choose governing law

Part of the TOD transfer on death form
  • Enter the name of the state where the property is located.
Example:

This deed will be governed by and construed in accordance with the laws of the State of New Mexico.

After completing the form:

  • The Owner must sign the transfer on death deed PDF in front of a Notary Public;
  • Submit the signed and notarized deed to the County Recorder’s Office;
  • Keep a copy of a sample transfer on death deed for your records.

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