Deeds for transferring real estate are routinely made without the assistance of an attorney. Although each state’s laws may differ regarding deed requirements, preprinted deed forms typically are available from the local government office responsible for recording deeds or a local store that sells legal stationary. The information required to complete the deed, such as property legal description or parcel number, is available publicly. Also, the government recording office provides the basic information needed to comply with its deed recording requirements.
Obtain a preprinted form for the type of deed you want to make from your local government recording office. For example, a preprinted quitclaim deed is available from the recorder’s office in Greenlee County, Arizona, and a grant deed from the recorder’s office in Ventura County, California. If the forms are not available from your local recorder’s office, a local real estate agent should have information on how to obtain such forms.
Insert the name and address of the person who should receive the original deed after it is recorded. The space for this information typically is located in the upper left corner of the form near printed words such as "Recording requested by" or "When recorded, mail to."
Insert the assessor's parcel number, or APN, for the property covered by the deed, if necessary, where indicated on the form. A property's APN can be found on a prior year's property tax bill or previously recorded deed. Your local government recording office may make this information available online, as San Francisco County, California, does.
Determine the recording transfer tax, if necessary, and insert the information in the deed where indicated. In some states, such as California, a deed may be rejected for recording if the tax is not paid when attempting to record the deed. Your local government recorder's office makes the information available to determine the tax. For example, the website of the San Francisco County Assessor-Recorder has this information available on its website.
Insert the names of the parties to the transaction where indicated in the form. For example, in a quitclaim deed, insert the person's name who is quitclaiming the property after the preprinted phrase: “Know all men by these presents: That I (we) …” Insert the person's name who is receiving the quitclaim after the preprinted phrase "…hereby remise, release and quitclaim to ..." Insert the name of the county and state as indicated on the form.
Obtain the legal description of the property covered by the deed and insert it where indicated on the form. You should use a prior recorded deed for this information. Check the description to ensure it is accurate because an invalid legal description may make the deed ineffective.
Tips
Some states require additional forms to be prepared and submitted along with a deed. California requires a Preliminary Change of Ownership Report to accompany the deed.
Many deeds are exempt from paying a documentary tax. Check with your local government recording office before filing the deed so that you can insert the proper exemption information on the deed.
References
- San Francisco County, California: Office of the Assessor-Recorder -- Transfer Tax
- San Francisco County, California: Office of the Assessor-Recorder - FAQ
- Superior Court of California, County of Alameda. "What Are the Advantages of a Living Trust?" Accessed May 15, 2020.
- AARP. "Transfer on Death Deed (TODD)," Page 1. Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - What Does the Transfer on Death (TOD) Deed Do?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - Do I Have to File the TOD Deed in Court?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - How Do I Revoke the TOD Deed After It Is Recorded?" Accessed May 15, 2020.
- Internal Revenue Service. "Estate and Gift Taxes." Accessed May 15, 2020.
- FindLaw. "Transfer on Death Tax Implications." Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed." Accessed May 15, 2020.
- Arizona State Legislature. "33-405. Beneficiary Deeds; Recording; Definitions." Accessed May 15, 2020.
- FindLaw. "Arkansas Code Title 18. Property § 18-12-608. Beneficiary Deeds--Terms--Recording Required." Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 1. Accessed May 15, 2020.
- Colorado General Assembly. "Probate, Trusts, and Fiduciaries," Pages 1-2. Accessed May 15, 2020.
- District of Colombia, Office of Tax and Revenue. "Revocable Transfer-on-Death Deed," Pages 1-3. Accessed May 15, 2020.
- Hawaii State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- Illinois General Assembly. "(755 ILCS 27/) Illinois Residential Real Property Transfer on Death Instrument Act." Accessed May 15, 2020.
- FindLaw. "Indiana Code Title 32. Property § 32-17-14-11." Accessed May 15, 2020.
- Kansas Legislative Sessions. "Article 35 - Transfer-on-Death." Accessed May 15, 2020.
- Minnesota Legislature, Office of the Revisor of Statutes. "507.071 Transfer on Death Deeds." Accessed May 15, 2020.
- Missouri Revisor of Statutes. "461.025. Deeds Effective on Death of Owner — Recording, Effect." Accessed May 15, 2020.
- Montana Code Annotated 2019. "72-6-415. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Nebraska Legislature. "Nebraska Revised Statute 76-3402." Accessed May 15, 2020.
- Nevada Legislature. "NRS 111.771 Property Held in Beneficiary Form; Registration in Beneficiary Form; Transfer-on-Death Directions." Accessed May 15, 2020.
- State Bar of New Mexico. "Transfer on Death Deed," Pages 1-2. Accessed May 15, 2020.
- North Dakota Legislative Branch. "Chapter 30.1-32.1 Uniform Real Property Transfer on Death Act," Pages 1-3. Accessed May 15, 2020.
- Ohio Laws and Rules. "5302.23 Designating Transfer on Death Beneficiary." Accessed May 15, 2020.
- Oklahoma Tax Commission. "'Non-Testamentary Transfer–on-Death-Deed’. Title 58, §1251-§1258. Eff. Nov. 1, 2008," Pages 1-7. Accessed May 15, 2020.
- Oregon State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- South Dakota Legislature. "Part 4. Uniform Real Property Transfer on Death Act - 29A-6-403." Accessed May 15, 2020.
- Texas Constitution and Statutes. "Texas Real Property Transfer on Death Act." Accessed May 15, 2020.
- Virginia General Assembly. "§ 64.2-635. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Washington State Legislature. "Chapter 64.80 RCW Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- West Virginia Legislature. "Chapter 36. Estates and Property." Accessed May 15, 2020.
- Wisconsin State Legislature. "705.15 Nonprobate Transfer of Real Property on Death." Accessed May 15, 2020.
- State of Wyoming Legislature. "HB0201 - Transfer on Death Deed." Accessed May 15, 2020.
- Gibbs Law Office. "Using a Lady Bird Deed in Florida [Overview, Pros and Cons]." Accessed May 15, 2020.
- State Bar of Michigan. "Ladybird Deed," Pages 31-32. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 3. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 5. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 4. Accessed May 15, 2020.
Tips
- Some states require additional forms to be prepared and submitted along with a deed. California requires a Preliminary Change of Ownership Report to accompany the deed.
- Many deeds are exempt from paying a documentary tax. Check with your local government recording office before filing the deed so that you can insert the proper exemption information on the deed.
Writer Bio
Joe Stone is a freelance writer in California who has been writing professionally since 2005. His articles have been published on LIVESTRONG.COM, SFgate.com and Chron.com. He also has experience in background investigations and spent almost two decades in legal practice. Stone received his law degree from Southwestern University School of Law and a Bachelor of Arts in philosophy from California State University, Los Angeles.