When they die

Assets That Skip Both Probate & Trusts

Beneficiary designations, POD/TOD accounts, joint tenancy with survivorship, and TOD deeds transfer automatically outside court.

Do this first

Review the beneficiary designations on your loved one's 401(k), IRA, and life insurance policies. These designations overrule whatever is written in their will.

Contracts that transfer instantly upon death

Certain assets never pass through probate or trust administration because they are contracts governed by beneficiary clauses:

Payable on Death (POD) / Transfer on Death (TOD): Checking accounts, savings accounts, and stock brokerages with named beneficiaries pass immediately upon presentation of an original death certificate and ID.
Retirement Accounts (IRA, 401k, 403b): Pass directly to the named primary beneficiary. (Spouses can roll into their own IRA; non-spouse heirs usually have 10 years to withdraw funds under the SECURE Act).
Life Insurance Proceeds: Paid directly to named beneficiaries income-tax-free.
Joint Tenancy with Right of Survivorship (JTWROS): Real estate or bank accounts held jointly transfer 100% to the surviving co-owner by operation of law.

Planning ahead and the money is all in accounts like these? See when it's only money for why a will or trust is not always needed.

Transfer-on-death deeds for a home

Transfer-on-death deed for a home: this differs by state

Choose your loved one's state to see the rule there.

See this rule for all states

Transfer-on-death deed for a home by state
State	Transfer-on-death deed for a home
Alabama	Check your state's rule. We have not verified this for Alabama yet. Alabama Judicial System(opens in a new tab)
Alaska	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Alaska Court System: Transfer on death deed, checked September 28, 2026.)
Arizona	A transfer-on-death deed can pass a home to a named beneficiary without probate. Arizona calls it a beneficiary deed. (Source: Arizona Revised Statutes 33-405 (beneficiary deeds), checked September 28, 2026.)
Arkansas	Check your state's rule. We have not verified this for Arkansas yet. Arkansas Judiciary(opens in a new tab)
California	A transfer-on-death deed can pass a home to a named beneficiary without probate. The deed must be recorded within 60 days after it is signed. (Source: California Probate Code 5600–5698 (revocable transfer on death deed), checked September 28, 2026.)
Colorado	A transfer-on-death deed can pass a home to a named beneficiary without probate. Colorado calls it a beneficiary deed. (Source: Colorado Revised Statutes 15-15-401 (beneficiary deeds), checked September 28, 2026.)
Connecticut	Check your state's rule. We have not verified this for Connecticut yet. Connecticut Probate Courts(opens in a new tab)
Delaware	A transfer-on-death deed can pass a home to a named beneficiary without probate. Available since December 2025. (Source: Delaware Code Title 25, Chapter 2 (Uniform Real Property Transfer on Death Act), checked September 28, 2026.)
District of Columbia	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: DC Code § 19-604.05, checked September 28, 2026.)
Florida	Check your state's rule. We have not verified this for Florida yet. Florida Courts(opens in a new tab)
Georgia	A transfer-on-death deed can pass a home to a named beneficiary without probate. Available since July 1, 2024; amended in 2026. (Source: O.C.G.A. §§ 44-17-1 to 44-17-7 (transfer-on-death deeds), checked September 28, 2026.)
Hawaii	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Hawaii Revised Statutes Chapter 527, checked September 28, 2026.)
Idaho	Check your state's rule. We have not verified this for Idaho yet. Idaho Judicial Branch(opens in a new tab)
Illinois	A transfer-on-death deed can pass a home to a named beneficiary without probate. Illinois calls it a transfer on death instrument. (Source: 755 ILCS 27 (Real Property Transfer on Death Instrument Act), checked September 28, 2026.)
Indiana	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Indiana Code 32-17-14, checked September 28, 2026.)
Iowa	Check your state's rule. We have not verified this for Iowa yet. Iowa Judicial Branch(opens in a new tab)
Kansas	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: K.S.A. 59-3501 to 59-3507, checked September 28, 2026.)
Kentucky	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: KRS Chapter 394 (Uniform Real Property Transfer on Death Act), checked September 28, 2026.)
Louisiana	Check your state's rule. We have not verified this for Louisiana yet. Louisiana Supreme Court(opens in a new tab)
Maine	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Maine Revised Statutes Title 18-C § 6-401, checked September 28, 2026.)
Maryland	A transfer-on-death deed can pass a home to a named beneficiary without probate. Available starting October 1, 2026. (Source: Maryland Transfer-on-Death Deed Act (Chapters 750 and 751 of 2026), checked September 28, 2026.)
Massachusetts	Check your state's rule. We have not verified this for Massachusetts yet. Massachusetts Probate and Family Court(opens in a new tab)
Michigan	Check your state's rule. We have not verified this for Michigan yet. Michigan Courts: Probate forms(opens in a new tab)
Minnesota	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Minnesota Statutes 507.071, checked September 28, 2026.)
Mississippi	Check your state's rule. We have not verified this for Mississippi yet. Mississippi Judiciary(opens in a new tab)
Missouri	A transfer-on-death deed can pass a home to a named beneficiary without probate. Missouri calls it a beneficiary deed. (Source: RSMo 461.025 (beneficiary deeds), checked September 28, 2026.)
Montana	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Montana Code 72-6-401 to 72-6-415, checked September 28, 2026.)
Nebraska	A transfer-on-death deed can pass a home to a named beneficiary without probate. The deed must be recorded within 30 days of signing and include the required warnings. (Source: Nebraska Revised Statutes 76-3401 to 76-3424, checked September 28, 2026.)
Nevada	A transfer-on-death deed can pass a home to a named beneficiary without probate. Nevada calls it a deed upon death. (Source: NRS 111.655 to 111.699 (deed upon death), checked September 28, 2026.)
New Hampshire	A transfer-on-death deed can pass a home to a named beneficiary without probate. Available since July 1, 2024. (Source: New Hampshire RSA 563-D, checked September 28, 2026.)
New Jersey	Check your state's rule. We have not verified this for New Jersey yet. New Jersey Courts(opens in a new tab)
New Mexico	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: NMSA 45-6-401 to 45-6-417, checked September 28, 2026.)
New York	A transfer-on-death deed can pass a home to a named beneficiary without probate. Available since July 19, 2024. The deed must be acknowledged before a notary and recorded. (Source: New York Real Property Law § 424, checked September 28, 2026.)
North Carolina	Check your state's rule. We have not verified this for North Carolina yet. North Carolina Judicial Branch(opens in a new tab)
North Dakota	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: NDCC Chapter 30.1-32.1, checked September 28, 2026.)
Ohio	A transfer-on-death deed can pass a home to a named beneficiary without probate. Ohio uses a transfer on death designation affidavit. (Source: Ohio Revised Code 5302.22, checked September 28, 2026.)
Oklahoma	A transfer-on-death deed can pass a home to a named beneficiary without probate. The beneficiary must record an affidavit within nine months after the death. (Source: Oklahoma Statutes Title 58 §§ 1251–1258, checked September 28, 2026.)
Oregon	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: ORS Chapter 93 (Uniform Real Property Transfer on Death Act), checked September 28, 2026.)
Pennsylvania	Check your state's rule. We have not verified this for Pennsylvania yet. Unified Judicial System of Pennsylvania(opens in a new tab)
Rhode Island	Check your state's rule. We have not verified this for Rhode Island yet. Rhode Island Judiciary(opens in a new tab)
South Carolina	Check your state's rule. We have not verified this for South Carolina yet. South Carolina Judicial Branch(opens in a new tab)
South Dakota	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: SDCL 29A-6-401 to 29A-6-435, checked September 28, 2026.)
Tennessee	Check your state's rule. We have not verified this for Tennessee yet. Tennessee State Courts(opens in a new tab)
Texas	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Texas Estates Code Chapter 114, checked September 28, 2026.)
Utah	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Utah Code 75-6-401 to 75-6-417, checked September 28, 2026.)
Vermont	Check your state's rule. We have not verified this for Vermont yet. Vermont Judiciary(opens in a new tab)
Virginia	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Code of Virginia §§ 64.2-621 to 64.2-638, checked September 28, 2026.)
Washington	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: RCW Chapter 64.80, checked September 28, 2026.)
West Virginia	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: W. Va. Code Chapter 36, Article 12, checked September 28, 2026.)
Wisconsin	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Wisconsin Statutes 705.15, checked September 28, 2026.)
Wyoming	A transfer-on-death deed can pass a home to a named beneficiary without probate. (Source: Wyoming Statutes 2-18-103, checked September 28, 2026.)

Sources

Financial Industry Regulatory Authority (FINRA)
IRS Publication 559

Last reviewed: September 28, 2026