Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED

STATE OF TENNESSEE

TABLE OF CONTENTS

1. Instructions and Important Information
2. Transfer-on-Death Deed Form
3. Acknowledgment
4. Revocation Form
5. Post-Death Recording Requirements
6. Guidance Notes
7. Sources and References

1. INSTRUCTIONS AND IMPORTANT INFORMATION {#1-instructions}

Key Legal Requirements

☐ The deed must contain the essential elements and formalities of a properly recordable inter vivos deed (Tenn. Code Ann. § 31-8-109(1))
☐ The deed must state that the transfer to the designated beneficiary occurs at the transferor's death (§ 31-8-109(2))
☐ The deed must be recorded in the county Register of Deeds office before the transferor's death (§ 31-8-109(3))
☐ The deed must be acknowledged (notarized)
☐ The transferor must have the capacity required to make a will (§ 31-8-108)
☐ No delivery, acceptance, or consideration is required (§ 31-8-110)

Important Notices

• This deed is revocable at any time during the transferor's lifetime (§ 31-8-106).
• This deed does not transfer any present interest to the beneficiary until the transferor's death.
• The beneficiary's interest is contingent on surviving the transferor.
• The beneficiary takes the property subject to all existing conveyances, encumbrances, mortgages, liens, and TennCare claims (§ 31-8-113(b)).
• Concurrent beneficiaries take in equal undivided shares unless the deed specifies otherwise.
• Creditors may enforce claims against the transferred property within 18 months of the transferor's death.

2. TRANSFER-ON-DEATH DEED FORM {#2-deed-form}

TRANSFER-ON-DEATH DEED

Return After Recording To:
[________________________________]
[________________________________]
[________________________________]

Prepared By:
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED

I (We), [TRANSFEROR FULL LEGAL NAME(S)] ("Transferor(s)"), of [________________________________] (address), County of [________________________________], State of Tennessee, being the owner(s) of the real property described below, hereby make this Transfer-on-Death Deed pursuant to Tenn. Code Ann. §§ 31-8-101 to 31-8-121 (Uniform Real Property Transfer on Death Act).

Property Description

The real property subject to this Transfer-on-Death Deed is located in the County of [________________________________], State of Tennessee, and is legally described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Common Address (if applicable): [________________________________]

Tax Map/Parcel ID Number: [________________________________]

Beneficiary Designation

THE FOLLOWING BENEFICIARY DESIGNATION IS EFFECTIVE ONLY UPON THE DEATH OF THE TRANSFEROR(S) AND ONLY IF THIS DEED IS RECORDED BEFORE THE TRANSFEROR'S DEATH.

I (We) designate the following beneficiary(ies) to receive the described property upon my (our) death:

Primary Beneficiary(ies):

Alternate/Successor Beneficiary(ies) (if any primary beneficiary does not survive transferor):

Ownership Status of Transferor(s)

☐ Sole owner
☐ Husband and wife as tenants by the entirety
☐ Joint tenants with right of survivorship
☐ Tenants in common (each tenant may execute a separate TOD deed for their interest)

Reservation of Rights

The Transferor(s) reserve(s) all rights during his/her/their lifetime, including but not limited to:

• The right to revoke this deed at any time
• The right to sell, encumber, lease, or otherwise dispose of the property
• The right to exclusive possession, use, and benefit of the property
• All other rights incident to ownership of the property

This deed does not transfer any present interest to the beneficiary(ies). No legal or equitable interest passes to the beneficiary(ies) until the death of the Transferor(s).

Execution

IN WITNESS WHEREOF, the undersigned Transferor(s) have executed this Transfer-on-Death Deed on this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature


_________________________________________
[TRANSFEROR NAME - Print]
Signature

3. ACKNOWLEDGMENT {#3-acknowledgment}

STATE OF TENNESSEE
COUNTY OF [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________], 20[____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same for the purposes therein contained.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

4. REVOCATION FORM {#4-revocation}

REVOCATION OF TRANSFER-ON-DEATH DEED

I (We), [TRANSFEROR FULL LEGAL NAME(S)], hereby revoke the Transfer-on-Death Deed recorded on [__/__/____], as Instrument Number [________________________________], in the office of the Register of Deeds of [________________________________] County, Tennessee, which designated [BENEFICIARY NAME(S)] as beneficiary(ies) of the following real property:

[________________________________]
[________________________________]
[________________________________]

This revocation is made pursuant to Tenn. Code Ann. § 31-8-111.

Executed this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature

ACKNOWLEDGMENT

STATE OF TENNESSEE
COUNTY OF [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________], 20[____], personally appeared [________________________________], known to me to be the person(s) who executed the foregoing instrument, and acknowledged that he/she/they executed the same.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

5. POST-DEATH RECORDING REQUIREMENTS {#5-post-death}

After the transferor's death, the beneficiary should take the following steps:

☐ Obtain a certified copy of the transferor's death certificate
☐ Record the certified death certificate with the Register of Deeds in the county where the property is located
☐ If applicable, record an affidavit of survivorship confirming the beneficiary survived the transferor
☐ Update property tax records with the county assessor
☐ Contact a title company or attorney to confirm clear title

6. GUIDANCE NOTES {#6-guidance}

Effective Date of Act

Tennessee's Uniform Real Property Transfer on Death Act took effect July 1, 2025. The statute applies to all transferors dying on or after that date, even if the TOD deed was executed before the effective date.

TennCare Claims

The property transferred by a TOD deed remains subject to TennCare (Medicaid) claims under Tenn. Code Ann. § 31-8-113(b). The State of Tennessee may assert a claim for reimbursement of medical assistance benefits.

Creditor Claims

Creditors of the transferor may enforce claims against the transferred property, subject to an 18-month limitation period from the transferor's death.

Tenancy by the Entirety

If husband and wife hold property as tenants by the entirety, both spouses must join in the TOD deed. The deed is effective only upon the death of the surviving spouse.

No Effect Until Death

This deed creates no present interest in the beneficiary. The transferor retains full ownership and control during life, including the right to sell, mortgage, or lease the property.

Tax Implications

• Beneficiaries generally receive a stepped-up basis at the transferor's death.
• Tennessee does not impose a state estate or inheritance tax (repealed effective January 1, 2016).
• Consult a tax professional regarding federal estate tax and capital gains implications.

7. SOURCES AND REFERENCES {#7-sources}

• Tenn. Code Ann. §§ 31-8-101 to 31-8-121 (Uniform Real Property Transfer on Death Act)
• Tenn. Code Ann. § 31-8-117 (Optional Statutory Form)
• Tenn. Code Ann. § 31-8-111 (Revocation Methods)
• Tenn. Code Ann. § 31-8-113 (Effect at Transferor's Death; Creditor Claims)
• Tenn. Code Ann. § 55-3-118(e) (TOD for Motor Vehicle Titles)

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney before executing this deed.