If you own your home and want to give it to someone when you die, you can use a transfer on death instrument ("TODI") to do so. Unlike a will, a TODI can only transfer one thing. However, it can save your loved ones time and money down the line. This is because using a TODI takes your home out of your estate. This can avoid the need to go to court to divide up your property when you die.

What is a TODI?

A TODI is like a deed that doesn’t take effect until you die. You can use it so that you don’t have to put your house in your will, which will make things easier for your loved ones down the line. This is because using a TODI can avoid the need to go to court to divide up the property you leave behind. Many people who use a TODI also use a small estate affidavit for the rest of their property.

What kind of property can I give away with a TODI?

A TODI can only be used to transfer real estate.

Can I or my spouse cancel a TODI?

Yes. You can revoke, or undo, your TODI at any time before your death, no matter what the TODI says. A revocation must be notarized and recorded with the County Recorder of Deeds. An unrecorded document or a will cannot revoke a TODI.

If your spouse outlives you they may be able to cancel your TODI, even if you have been separated for a long time. If they stop the TODI, your spouse will get a share of the property. If you do not want your spouse to cancel your TODI, you should either get a divorce or ask them to waive their right to renounce your TODI.

Learn more about canceling a TODI.

Who can I give my property to with a TODI?

You can give your property to anyone who is still alive. You can even give the property to a company, trust, or government entity.