Transfer-on-Death Deed Requirements in Tennessee
At a glance
| Governing law | No real-property TOD/beneficiary-deed statute; Tennessee never adopted the Uniform Real Property Transfer on Death Act. Title 31 of the Tennessee Code stops at chapter 7 — there is no chapter 8, the number every proposed 'Tennessee Uniform Real Property Transfer on Death Act' would occupy. Such bills have been introduced repeatedly (2017, 2021, 2025, 2026) and each has died; the most recent (SB 2029 / HB 1793) died when the 114th General Assembly adjourned sine die on April 23, 2026 |
|---|---|
| TOD deed available? | Not available for real property. Tennessee owners keep a home out of probate with a revocable living trust or survivorship co-ownership (joint tenancy or tenancy by the entirety with right of survivorship). A traditional life estate deed also avoids probate but is generally irrevocable. Tennessee does not recognize a Lady Bird / enhanced life estate deed |
| How to sign it | N/A No TOD-deed statute (any Tennessee deed used as a substitute is signed by the owner and acknowledged before a notary; a will must be signed and witnessed by two, but a will does not avoid probate) |
| Recording requirement | N/A No TOD-deed statute (deeds are recorded with the county register of deeds, 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; a completed life estate deed generally cannot be undone without the remainder owners' consent) |
| Eligible property & owner | N/A No TOD-deed statute (survivorship options: joint tenancy with right of survivorship for any co-owners; tenancy by the entirety for a married couple) |
| 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 TennCare recipient, to Tennessee's Medicaid estate recovery; a living trust or survivorship arrangement is the planning tool — confirm with an elder-law attorney) |
Tennessee 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. This is not a gray area: a document titled "transfer on death deed" or "beneficiary deed" recorded on Tennessee land does not do what it says, and a Tennessee court will not recognize the person named on it as the owner. Unlike Florida or Michigan, Tennessee does not recognize a "Lady Bird" (enhanced life estate) deed as a workaround either.
The idea keeps coming up in the legislature and keeps failing. A "Tennessee Uniform Real Property Transfer on Death Act" has been filed in 2017, 2021, 2025, and again in 2026 — and every version has died in committee. The most recent pair (Senate Bill 2029 and House Bill 1793) stalled and then died when the General Assembly adjourned on April 23, 2026. Until a version passes, the tools below are what Tennessee owners use to keep a home out of probate.
What Tennessee 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. The catch: a trust only avoids probate if you actually re-title the deed into the trust. An unfunded trust with the house still in your own name does nothing.
Survivorship co-ownership. Property held with a right of survivorship passes to the surviving co-owner outside probate. Tennessee recognizes:
- Joint tenancy with an express right of survivorship, available to any co-owners.
- Tenancy by the entirety, a stronger form available only to a married couple, which 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.
A life estate deed. You can deed the home to your children now while reserving a life estate — the right to live there for the rest of your life — so it passes automatically at your death. This avoids probate, but a traditional life estate deed is generally irrevocable: you give up the power to sell or mortgage the home freely without the remainder owners' agreement. That is the opposite of a TOD deed's defining feature, its revocability.
What trips people up
- Out-of-state TOD-deed forms and online "beneficiary deed" services do not work in Tennessee. Some services will generate a "Tennessee beneficiary deed" and even quote a statute number ("31-8-101") for it — but that chapter does not exist; it is the number a proposed bill would have used. Recording such a deed can cloud your title without transferring anything at death.
- The county register will record almost anything — that does not make it valid. A register of deeds is not allowed to give legal advice and may record a "beneficiary deed" you bring in. Being recorded is not the same as being legally effective; this one is not.
- Tenancy by the entirety is only for spouses. Unmarried co-owners are limited to joint tenancy. 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 "beneficiary deed" for my Tennessee house. Is it good? No — Tennessee has no statute giving such a deed effect for real estate, so it will not pass the property at your death. Have a Tennessee attorney review it and replace it with a trust or an appropriate survivorship or life estate 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 Tennessee is not one of them.
If I put my spouse or child on the deed, does the house avoid probate? If you hold title with a right of survivorship (tenancy by the entirety for spouses, or joint tenancy), the home passes to the surviving co-owner without probate. But adding a child as a joint owner is a present gift that exposes the home to that child's creditors and divorce, and it only helps for the first death — the survivor then needs a plan of their own.
Is probate in Tennessee really that bad? Often it is more manageable than online sales pitches suggest. Whether to use a trust, survivorship, or simply a will and probate depends on your situation; a Tennessee estate-planning attorney can tell you which is worth the cost for you.
Statutes and sources
- Tenn. H.B. 1793 (114th Gen. Assembly, 2025-2026) ("Tennessee Uniform Real Property Transfer on Death Act" — a bill to create the mechanism by adding a new Title 31, chapter 8; it died at sine die, proving no such deed currently exists) — https://www.capitol.tn.gov/Bills/114/Bill/HB1793.pdf (accessed 2026-07-11)
- Tennessee General Assembly, HB 1793 / SB 2029 bill history (status: stalled in committee, House sponsor withdrawn 2026-02-25; General Assembly adjourned sine die April 23, 2026) — https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=HB1793&ga=114 (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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