Tennessee Transfer on Death Deed: Current Legal Status

Tennessee does not currently have an enacted general Transfer on Death (TOD) deed statute. Do not rely on a purported Tennessee TOD deed to transfer Tennessee real estate outside probate.

Why the § 66-5-109 Citation Is Wrong

T.C.A. § 66-5-109 addresses the effective date of a conveyance; it does not authorize a Tennessee TOD deed. The Tennessee General Assembly has considered Uniform Real Property Transfer on Death Act proposals, but the relevant 2026 bill record remains a proposal rather than an enacted statute. Confirm current law with a Tennessee attorney or the county Register of Deeds before relying on any TOD-deed form.

Available Tennessee Alternatives

• Joint ownership with right of survivorship — when the property is properly titled, the surviving owner may take the property outside probate.
• Tenancy by the entirety — a survivorship form of ownership available to spouses when properly titled.
• POD/TOD beneficiary designations — for bank, brokerage, retirement, and insurance accounts where the institution offers them.
• A properly funded revocable living trust — can hold real estate and pass it under the trust terms without probate.
• Muniment of Title under T.C.A. § 32-2-111 — when a valid will and a real-estate-only transfer fit the statutory route.
• Affidavit of Heirship under T.C.A. § 30-2-712 — for intestate real estate, recorded with the County Register of Deeds, subject to title and debt issues.

For an existing Tennessee estate, use the Tennessee Probate Process Guide to identify the valid path for the property and any other assets.

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