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Transfer on Death (TOD) Deeds

There is an option for those that own property in California to transfer their property upon their death. It does not require a probate procedure or trust settlement. It is called a Transfer on Death Deed or TOD Deed.

This deed is best for individuals who want to pass real property to a specific person or multiple people upon their death. When someone dies, the property can be passed to the designated person more simply than going through a probate or trust settlement. There are some restrictions to this type of deed, so one will always want to contact an attorney when deciding to take this option.

Furthermore, a TOD Deed can help protect the person who is inheriting the property from being evicted by a trustee or executor administering the estate. The property will be excluded from any estate procedures, making the transition more fluid and the potential for other heirs to challenge less likely. Keep in mind that this deed does not prevent an heir from challenging the validity of the TOD Deed in court, but it will remain a strong piece of evidence in terms of the intent of the decedent.

For those living in Orange County, CA and surrounding areas, a top choice for estate planning services is Mortensen and Reinheimer, PC. They have decades of collective experience in this area of law and can assist you step by step through the process. To learn more or to schedule a consultation, call 714-384-6053 or fill out the online request form.