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If you want to revoke a recorded Transfer on Death Instrument (TODI), there are specific steps you must take. You cannot revoke a TODI through any unrecorded document or by revoking it in a will. It is also not enough to physically alter the original TODI document by tearing it up or crossing out language.
In order for a Transfer on Death Instrument (TODI) to be effective, it must be signed, witnessed, notarized and recorded with the county Recorder of Deeds in the county where the property is located. Recording is a method to make the document a public record that others can see.
If you have recorded a TODI but now you want to cancel it or revoke it, you can do so at any time before your death. You have two options:
- Use the TODI revocation form. You must sign the revocation in front of two witnesses, and they must sign as well. The witnesses cannot be beneficiaries of the TODI. The document must also be notarized.
- Complete a new TODI that clearly revokes the old one.
File the Transfer on Death Instrument Revocation or new Transfer on Death Instrument (TODI) with the county Recorder of Deeds in the county where the property is located. If you do not record the revocation or the new TODI, it will make the revocation invalid.
Worried about doing this on your own? You may be able to get free legal help.
