Transfer-on-Death Deed Authorisation by US State, 2026

Whether each US state authorises a transfer-on-death (beneficiary) deed for real property, with the governing statutory citation, whether an enhanced life estate ("Lady Bird") deed is the practical alternative instead, effective dates for recent adoptions, a per-row confidence grade, and the state-specific quirks that make the bare yes/no misleading. Coverage: 51 jurisdictions (35 authorise a TOD deed, 16 do not). Methodology. Every row was verified at statute level against the state's own code, then cross-checked by an independent reviewer; the citation supporting each row is carried in `statute_cite` and the sources consulted in `source_url`. `confidence` is `high` where the statute is unambiguous and current, `medium` where the answer depends on unsettled interpretation or a recent legislative change. `lady_bird_instead` marks states with no TOD deed statute where an enhanced life estate deed is the commonly used substitute. It is not a statement that such deeds are equivalent or safe. `quirks` is the load-bearing column: recording requirements, revocation rules, creditor exposure, homestead interactions and Medicaid-recovery reach vary enough that the yes/no alone will mislead a reader. How to read this responsibly. This is a compilation of statutory authorisation as of July 2026. It is not legal advice, and it does not tell you whether a TOD deed is a good idea in any situation. Two rows are graded `medium` confidence: Maryland (yes) and Tennessee (no). Read the `quirks` text before relying on either. Several widely republished tables are wrong on this topic. This dataset reflects Florida's actual (non-)status, Delaware's December 2025 adoption, and the Connecticut bill that died on 6 May 2026. Authorisation is not the same as advisability or as effectiveness against creditors or Medicaid estate recovery. See the companion Medicaid estate recovery dataset. Cite as: Clear Money Guide, "Transfer-on-Death Deed States, 2026," https://clearmoneyguide.com/transfer-on-death-deed-states/ Canonical page: https://clearmoneyguide.com/transfer-on-death-deed-states/