Utah Transfer on Death Deed: How to Leave Your Home to Someone Without Probate
General information, not legal advice. Read the full disclaimer.
Short answer: A transfer on death (TOD) deed lets a Utah property owner name a beneficiary who receives real estate at the owner's death, without probate. Under Utah Code § 75-6-409 the deed must contain the elements of a properly recordable deed, state that the transfer occurs at the owner's death, and be recorded before the owner dies with the county recorder where the property is located. The owner keeps full control during life, can revoke or change it, and the deed doesn't create any interest for the beneficiary until death. If the probate estate can't pay valid creditor claims or a spouse's or child's statutory allowances, the property can still be reached — but only by the estate and only within 12 months after death (§ 75-6-415).
Who this guide is for
Utah homeowners who want a simple, low-cost way to pass a house or land to a child, partner, or relative, and families trying to understand what happens when a TOD deed exists.
How it works
- During your life. A TOD deed does not affect your rights or other owners' rights, including the right to sell or mortgage the property; it doesn't give the beneficiary any legal or equitable interest, doesn't affect your creditors, and doesn't affect your or the beneficiary's eligibility for public assistance (§ 75-6-412). The beneficiary doesn't have to sign or accept it.
- At your death. The property passes to the designated beneficiaries in accordance with the deed, if they survive you; a beneficiary who doesn't survive you lapses, and shares transfer among the others (§ 75-6-413). The property goes subject to mortgages, liens and other interests that exist at death.
- Joint owners. If you are a joint owner and a co-owner survives you, the property belongs to the surviving joint owner with survivorship rights; the TOD deed takes effect only if you are the last surviving joint owner.
- No warranty. A TOD deed transfers property without covenant or warranty of title.
What the deed must contain
Utah provides an optional form (§ 75-6-416) titled "Revocable Transfer on Death Deed." It asks for: owner names and mailing addresses; the legal description of the property (per § 57-3-105) and the property tax identification number; a primary beneficiary and optional alternate beneficiary; the statement that at your death you transfer your interest to the named beneficiaries and that you may revoke before death; your signature; and an acknowledgment (an affidavit of acknowledgment under § 46-1-6.5 attached to the form). The form states that it must be recorded before your death or it will not be effective and that the beneficiary must be a named person. The statute also says you may want to consult a lawyer before using the form.
The capacity needed to make or revoke a TOD deed is the same as for a will (§ 75-6-408).
Recording is everything
The deed has to be recorded in the county recorder's office of the county where the property sits before you die (§ 75-6-409(3)). An unrecorded TOD deed doesn't work, even if it was signed and notarized. Ask the recorder about their formatting and fee requirements.
Changing or revoking it
Under § 75-6-411, a recorded TOD deed can be revoked only by:
- a new TOD deed that revokes it expressly or by inconsistency;
- an instrument of revocation; or
- an inter vivos deed (for example, a deed selling the property) that revokes it expressly or by inconsistency;
and the revoking document must be acknowledged and recorded before your death. Destroying or crossing out the deed is not a valid way to revoke (§ 75-6-411(3)). A will can't revoke a TOD deed. If the deed was made by more than one owner, revoking by one owner doesn't affect the other owner's interest, and joint owners' deed is revoked only if all living joint owners revoke it.
After the owner dies
The beneficiary records an affidavit in substantially the form in § 57-1-5.1 with the county recorder, with a copy of the death certificate attached and a reference to the recorded TOD deed (§ 75-6-413(5)). That puts the transfer on the public record and updates title. A title company may have its own requirements.
What a TOD deed doesn't do
- It doesn't protect the property from valid creditor claims or a spouse's or child's statutory allowances if the probate estate is insufficient; the estate can enforce those against the property for 12 months after death (§ 75-6-415).
- It doesn't help with non-real-estate assets (bank accounts, vehicles). See Do You Need Probate in Utah? and Small Estate Affidavit in Utah.
- It doesn't remove the beneficiary's tax consequences or solve family disputes — talk to a tax professional about the beneficiary's basis if the property is later sold.
- It can conflict with a will or trust. Make sure your plan is consistent. See Wills vs. Trusts in Utah and Utah Will Requirements.
- A later deed or a sale cancels the transfer.
TOD deed vs. other options
| Option | Probate avoided? | Keep control? | Notes |
|---|---|---|---|
| TOD deed | Yes for that property | Yes (revocable) | Must be recorded before death; subject to creditor claims |
| Joint ownership | Yes | Shared control | Co-owner has rights now; creditors of co-owner may reach it |
| Living trust | Yes for trust property | Yes | More setup; see How to Create a Living Trust in Utah |
| Will only | No — probate needed | Yes | See Utah's Informal Probate Process |
Frequently asked questions
Does a Utah TOD deed avoid probate?
For the real estate it covers, yes, once the beneficiary records the affidavit and death certificate.
Can I still sell my house?
Yes. The deed doesn't limit your right to sell or mortgage.
Do I need the beneficiary's permission?
No. Notice, delivery, acceptance and consideration aren't required.
What if the beneficiary dies before me?
That beneficiary's interest lapses; name an alternate beneficiary.
Can my creditors take the house?
During your life, yes as before. After death, only the estate can enforce valid claims against it, within 12 months, if the probate estate is insufficient.