Use our TODI program to help you fill out the Transfer on Death Instrument Form. You can also pay a lawyer to help you draft the form if you need help. Our program will also help you fill out a Notice of Death Affidavit and Acceptance of Transfer on Death Instrument. Sign the TODI in front of two witnesses and a notary. The person you are giving the property to cannot be a witness. The witnesses must sign the TODI in front of the notary as well.

Note: TODIS are limited to people who co-own real estate as Joint Tenants with Right of Survivorship (JTWROS) or Tenancy by the Entirety (for married couples only). This process is not available to people who own real estate as tenants in common. 

Bring the TODI to the Recorder of Deeds office in the county where the property that you’re transferring is. If it is located in more than one county, file it in every county where it is located. Bring your signed TODI form. Tell them you want to record your TODI. The TODI must be filed with the recorder of deeds before the death of the owner(s). There is a fee of between $45-$100 to file the TODI with the Recorder of Deeds. The fee varies by county and by the number of pages filed. 

While no longer mandatory, it is still recommended that the person you gave your property to in the TODI file a Notice of Death Affidavit and Acceptance of Transfer on Death Instrument with the same Recorder of Deeds office where the TODI is recorded. This must be done within 2 years of your death.