A revocable transfer on death deed is a legal document used in California and some other states that allows property owners to designate beneficiaries who will inherit their real estate upon death. The property covered by the deed typically avoids the probate court process, often saving beneficiaries time, money, and stress throughout the inheritance process. 

Despite the many advantages associated with a revocable transfer on death deed, there are some disadvantages to consider. For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy. In this situation, your joint tenant becomes the sole owner of the property upon your passing and has full control of the property, even if you created a transfer on death deed. Yet another disadvantage is the fact that if you leave your property to a beneficiary who is still a minor when you pass on, the beneficiary will not automatically receive your property. Instead, a court-appointed custodian will be granted control and management of the property until your beneficiary reaches legal age. Another issue that your real property may still be subject to Medi-Cal estate recovery if you were a recipient of Medi-Cal benefits.

Contact San Diego Legal & Real Estate Services for more information on TODs and other estate planning options.

This is meant for informational purposes only.

San Diego Legal & Real Estate Service cannot provide legal or tax advice. It is recommended that you seek your own legal counsel.