Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — NOT AVAILABLE IN ALABAMA

Table of Contents

1. Important Notice
2. Current Alabama Law
3. Attorney-Review Alternatives
4. Joint Tenancy with Right of Survivorship
5. Revocable Trust Planning
6. Prior Proposal and Current Status
7. Sources and References

1. Important Notice

Alabama does not authorize transfer-on-death (TOD) deeds for real property. Unlike many other states, Alabama has not adopted the Uniform Real Property Transfer on Death Act (URPTODA) or any similar statute permitting real property owners to designate beneficiaries through a recorded deed that transfers title upon death outside of probate.

2. Current Alabama Law

Alabama does not currently provide a statutory, revocable beneficiary deed that transfers real property at the owner's death. Depending on the existing title and estate plan, Alabama real property may pass through:

• Probate — through a valid last will and testament or intestate succession
• Non-probate ownership structures — including a deed that expressly creates joint tenancy with right of survivorship under Ala. Code § 35-4-7
• Trust-based transfers — property held in a revocable living trust

Alabama's Uniform Transfer on Death Security Registration Act, Ala. Code §§ 8-6-140 to 8-6-151, applies to securities and security accounts. It does not authorize a TOD deed for land.

3. Attorney-Review Alternatives

This file is an advisory notice, not an executable deed. An Alabama lawyer should review the owner's existing title and estate plan before selecting an alternative. Common planning routes include:

• a deed expressly creating survivorship ownership under Ala. Code § 35-4-7;
• a properly created trust under Ala. Code §§ 19-3B-401 and 19-3B-402, followed by a separate deed conveying the land to the trustee; or
• a will or another probate plan.

Do not substitute an out-of-state TOD-deed form, a purported tenancy by the entirety, or an unverified "Lady Bird" deed for Alabama-specific advice.

4. Joint Tenancy with Right of Survivorship

Under Ala. Code § 35-4-7, a conveyance to joint tenants does not create survivorship by default. The instrument must state that the tenancy is with right of survivorship, or use other words clearly showing that intent. The deed creates present ownership interests, so title, creditor, tax, and consent consequences must be reviewed before signing.

5. Revocable Trust Planning

Alabama's Uniform Trust Code recognizes specified methods of creating a trust and requires capacity, intent, a permissible beneficiary or purpose, trustee duties, and separation between the sole trustee and sole beneficiary. A trust does not receive real property merely because it is named in an estate plan; counsel must prepare and record an appropriate deed to the trustee.

6. Prior Proposal and Current Status

Alabama HB 406 (2016 Regular Session) proposed adopting the Uniform Real Property Transfer on Death Act but did not become law. Official Alabama legislative searches for the 2025 and 2026 sessions did not identify an enacted real-property TOD-deed act. Recheck current legislation before relying on this advisory.

7. Sources and References

• Alabama Legislature, HB 406 (2016 Regular Session) — introduced URPTODA proposal, not enacted
• Ala. Code § 35-4-7 — express survivorship language for joint tenancies
• Ala. Code §§ 19-3B-401 and 19-3B-402 — methods and requirements for trust creation
• Ala. Code §§ 8-6-140 to 8-6-151 — Uniform Transfer on Death Security Registration Act (securities only)

This document is provided for informational purposes only and does not constitute legal advice. Alabama does not authorize transfer-on-death deeds for real property. Consult a licensed Alabama attorney for guidance on non-probate transfer strategies.