A beneficiary deed lets you name who will receive your real estate when you pass away without going through probate.
A beneficiary deed is a recorded deed that designates one or more beneficiaries to receive specific real estate at your death. Until then, you keep full control. Think of it as “transfer on death” for a house, farm, or parcel of land: you remain the owner during your lifetime, and the property passes directly to your named beneficiary after death. You may live in the property, sell it, refinance it, or change your mind about who should inherit. Because there’s no present transfer, recording the deed doesn’t create a gift or ownership change during life; it simply sets instructions for later.
Avoids probate for that property so heirs receive it faster and with fewer court costs.
You keep full ownership and control while alive, including the right to sell, mortgage, or revoke the deed.
Simple, cost-effective estate planning tool for passing real estate to family or other beneficiaries.
Choose your beneficiary (or beneficiaries).
Prepare and sign a beneficiary deed describing the property and your chosen recipient(s).
Record the deed with the Recorder of Deeds in the county where the property is located. A recording fee applies.
Live your life as usual. You can still sell, refinance, or change beneficiaries at any time.
At death, the property passes to the named beneficiary outside probate.
Circumstances change. If you need to update your plan, record a new beneficiary deed naming a different beneficiary. Recording the new deed supersedes prior versions. You may also file a statement of revocation with the county to avoid confusion.
A beneficiary deed does not transfer ownership during life; it sets instructions that take effect at death.
The property still counts toward your estate for tax purposes (generally relevant only at higher asset levels).
Coordination with your overall estate plan (wills, trusts, powers of attorney) is important to prevent conflicts and to ensure all assets are covered.
Does a beneficiary deed affect my ability to sell or refinance?
No. You keep full ownership and may sell, mortgage, or otherwise manage the property while you’re alive.
Can I name more than one beneficiary?
Yes. You can name multiple beneficiaries and specify how they should take title.
What if I change my mind?
Record a new beneficiary deed or a revocation. The latest properly recorded document controls.
Does recording the deed create a gift or tax now?
Recording the deed does not make a lifetime gift or immediate transfer. It sets a transfer to happen at death.
Every family and property is different. Assertion Law Firm LLC helps clients decide when a beneficiary deed makes sense, prepare and record the deed correctly, and coordinate it with wills, trusts, and powers of attorney. For personalized guidance on preparing real estate documents, call our office at (888) 887-4170.
A beneficiary deed lets you name who will receive your real estate when you pass away without going through probate.
