1. Fill out and sign the transfer on death instrument (“TODI”) form, and have it notarized
Use our TODI program to help you fill out the Transfer on Death Instrument Form. You can also pay a lawyer to help you draft the form if you need help. Our program will also help you fill out a Notice of Death Affidavit and Acceptance of Transfer on Death Instrument, which you will need later. Sign the TODI in front of two witnesses and a notary. The person you are giving the property to cannot be a witness. The witnesses must sign the TODI in front of the notary as well.
2. Record the TODI with Recorder of Deeds
Go to the Recorder of Deeds office in the county where the house is that you’re transferring with the TODI. If it is located in more than one county, file it in every county where it is located. Bring your signed TODI form. Tell them you want to record your TODI.
3. Recipient files a notice of death when you die
Updated: November 2016