Transfer on Death Deeds

Burbank Probate Attorney – 818.495.4021

For people creating estate plans, an incredibly common concern is finding a way to keep real estate property out of probate. Using a will is clearly not the best choice in this regard and utilizing a trust can also cause unexpected complications or costs if not drafted perfectly. Assigning joint tenancy may be rife with problems if you do not have any person in your life you are comfortable assigning that responsibility and title. What can you do to simplify the issue?

Through working with Shelley Rios, Attorney at Law, our legal team can help you understand, create, and benefit from a transfer on death (TOD) deed. A properly drafted transfer on death deed will effectively act no differently than any other deed that is used to transfer real estate from one person to another. The key to TOD deeds is that you do not surrender any control of the property until you pass away.


Want to get started on your own transfer on death deed? Contact our firm today.


Transfer on Death Deed Specifics

A transfer on death deed promises to be a cost-effective method of moving real estate to probate. It cannot be used in just any circumstance, though. In order to keep the other methods of property transfer relevant and to prevent potential abuse of TOD deeds, limitations were created. In order to use a transfer on dead deed, only residential real property of certain dimensions or descriptions can be transferred.

Limitations on real property transferrable with a TOD deed are:

  • Single family home or condo.
  • Single family resident placed on plot not greater than 40 acres.
  • Multi-resident complex with four dwelling units or less.

Transfer on death deeds must also be signed and dated with the assistance of or before a notary public. It also requires official filing or recording within 60 days from when it is officiated by the notary public, or else it may be considered expired and void. Attorney Shelley is a licensed State of California Notary Public, so you do not need to worry about searching for one.

How We Help You Create a TOD Deed

If a transfer on death deed is not created properly, it could lead to litigation or other challenges after you pass away. To help avoid conflict and keep this useful method of real estate transfer simple, allow our Burbank probate attorney be of assistance.

For your own transfer on death deed case, we can help you:

  1. Discover and name all beneficiaries – usually only one per piece of property.
  2. Describe each piece of real property using legal standards and language.
  3. Review the TOD deed for errors and completion.
  4. Get the TOD deed signed, notarized, and filed.

Transfer on death deeds can also be easily revoked if you change your mind or another circumstance arises, such as the death of your named beneficiary. We are more than capable of helping you navigate the process of revoking or altering a transfer on death deed as well. You will find that while working with our law firm, the clients’ needs really do come first.


Dial 818.495.4021 to connect with our Burbank probate attorney
and be sure to ask for a free consultation.