Transfer-on-Death Deed Requirements in New Jersey
At a glance
| Governing law | No real-property TOD/beneficiary-deed statute; New Jersey never adopted the Uniform Real Property Transfer on Death Act (bills S3679 and A1819 are pending to do so). Its only transfer-on-death statute is the Uniform TOD Security Registration Act, N.J.S.A. 3B:30-1 et seq., which covers securities; New Jersey also added TOD registration for vehicles in 2023 |
|---|---|
| TOD deed available? | Not available for real property. New Jersey owners use a revocable living trust or survivorship co-ownership (joint tenancy, or tenancy by the entirety for a married couple). New Jersey does not recognize a Lady Bird / enhanced life estate deed |
| How to sign it | N/A No TOD-deed statute (any New Jersey deed used as a substitute is signed by the owner and acknowledged before a notary or other authorized officer, as New Jersey requires for a recordable deed) |
| Recording requirement | N/A No TOD-deed statute (deeds are recorded with the county clerk, but there is no record-before-death beneficiary-deed mechanism for real estate) |
| Revoking it | N/A No TOD-deed statute (a revocable living trust can be amended or revoked by the owner during life; a survivorship co-ownership is changed by recording a new deed) |
| Eligible property & owner | N/A No TOD-deed statute (survivorship options: joint tenancy is available to any co-owners, while tenancy by the entirety is available only to a married couple, N.J.S.A. 46:3-17.2) |
| Beneficiary survival & effect | N/A No TOD-deed statute (with survivorship co-ownership, the property passes to the surviving co-owner; with a living trust, the trust terms control who takes and in what shares) |
| Creditor & Medicaid reach | N/A No TOD-deed statute (property left in the estate stays subject to the owner's creditors and, for a Medicaid recipient, to New Jersey's estate recovery; a living trust or survivorship arrangement is the planning tool — confirm with an elder-law attorney) |
New Jersey is one of the states that does not have a transfer-on-death deed for real estate. It never adopted the Uniform Real Property Transfer on Death Act, so there is no statute that lets you record a deed now naming who inherits your house automatically at your death. A document titled "transfer on death deed" recorded on New Jersey land does not do what it says — and, unlike Florida or Michigan, New Jersey does not recognize a "Lady Bird" (enhanced life estate) deed as a workaround either.
There is one thing worth watching, though: New Jersey is actively considering adopting a TOD deed. Bills to enact the Uniform Act are pending in both houses (see "The bill to watch" below). Until one passes, the tools below are what New Jersey owners use.
What New Jersey offers instead
A revocable living trust. You move the home into a trust you control and can change or revoke at any time; a successor trustee distributes it at your death without probate. A trust costs more to set up than a single deed, but it is the most flexible tool — it can hold many assets, name backup beneficiaries, and plan for incapacity.
Survivorship co-ownership. Property held with a right of survivorship passes to the surviving co-owner outside probate. New Jersey recognizes two forms that carry survivorship:
- Joint tenancy with right of survivorship, available to any co-owners.
- Tenancy by the entirety, a stronger form available only to a married couple. Under N.J.S.A. 46:3-17.2, a tenancy by the entirety is created when spouses "take title to an interest in real property ... under a written instrument designating both of their names as husband and wife." It passes the home to the surviving spouse automatically and also shields it from a creditor of just one spouse during their joint lives.
The catch with survivorship is that adding a co-owner is a present gift of an interest that exposes the property to that person's creditors and generally cannot be undone without their cooperation — so it is a blunter tool than a beneficiary deed would be.
New Jersey clearly knows how to create a transfer-on-death mechanism — it just has not extended it to real estate. Under N.J.S.A. 3B:30-1, the state adopted the "Uniform TOD Security Registration Act," which lets you register stocks and brokerage accounts in beneficiary form so they pass at death without probate, and in 2023 New Jersey added a transfer-on-death registration option for vehicles. Neither reaches your home.
The bill to watch
New Jersey is one legislative session away from joining the majority of states. Two bills in the 222nd Legislature would adopt the Uniform Real Property Transfer on Death Act:
- S3679, introduced February 24, 2026, sponsored by Senators Turner and Scutari.
- A1819, introduced January 13, 2026, referred to the Assembly Housing Committee.
Both would let an owner 18 or older record a revocable, nontestamentary transfer-on-death deed that carries the formalities of an ordinary recorded deed, is acknowledged, and is recorded with the county clerk before the owner's death. As of the date on this page, neither has been enacted, so a TOD deed is not yet available in New Jersey. If a version passes, this page will be updated to reflect the new law and its exact requirements.
What trips people up
- Out-of-state TOD-deed forms do not work in New Jersey. Templates that recite a "New Jersey Transfer-on-Death Deed Act" are describing a law that does not exist yet. Recording one can cloud your title without transferring anything at death.
- "New Jersey has a TOD form" usually means cars or securities, not your house. New Jersey does offer transfer-on-death registration for vehicles and for securities. People hear that and assume it covers real estate — it does not.
- Tenancy by the entirety is only for spouses. Unmarried co-owners cannot use it; they are limited to joint tenancy, which lacks the entirety form's creditor protection. And if you are the sole owner, survivorship is not an option at all — a trust is usually the answer.
Common questions
I recorded a "transfer on death deed" for my New Jersey house. Is it good? Not as a TOD deed — New Jersey has no statute giving such a deed effect for real estate. Have a New Jersey attorney review it and replace it with a trust or an appropriate survivorship deed.
Can I use a Lady Bird deed like people do in Florida or Michigan? No. The enhanced life estate ("Lady Bird") deed is recognized in only a handful of states, and New Jersey is not one of them. Use a living trust instead.
If I put my spouse on the deed, does the house avoid probate? If you hold title as tenants by the entirety or joint tenants with right of survivorship, the home passes to the surviving co-owner without probate. But it only helps for the first death; after that, the survivor is a sole owner again and needs a trust or other plan.
Should I wait for the TOD-deed bill to pass? Estate planning should not wait on pending legislation, which may change or stall. If you want to avoid probate now, a trust or survivorship ownership does the job today; you can always add a TOD deed later if New Jersey enacts one.
Statutes and sources
- N.J.S.A. 3B:30-1 (short title — New Jersey's transfer-on-death statute is the "Uniform TOD Security Registration Act," securities only) — https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_vq=3B%3A30-1.+Short+title.+&xhitlist_x=advanced&vid=Publish:10.1048/Enu (accessed 2026-07-11)
- N.J.S.A. 46:3-17.2 (tenancy by the entirety — the survivorship form available to married couples) — https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_vq=46%3A3-17.2.+Tenancy+by+entirety&xhitlist_x=advanced&vid=Publish:10.1048/Enu (accessed 2026-07-11)
- N.J. S. 3679 (222nd Leg., 2026) (pending bill to establish the Uniform Real Property Transfer on Death Act — proves no such deed currently exists) — https://pub.njleg.gov/Bills/2026/S4000/3679_I1.PDF (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
What does New Jersey law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current New Jersey law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace