HB1793 • 2026

Real Property

AN ACT to amend Tennessee Code Annotated, Title 8; Title 30; Title 31; Title 32; Title 35; Title 55; Title 66 and Section 67-4-409, relative to the automatic transfer of property upon death.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Cochran, Lowe
Last action: 2026-02-25
Official status: Sponsor(s) withdrawn.
Effective date: Not listed

Plain English Breakdown

The bill has been withdrawn by the sponsor, making its future implementation uncertain.

Tennessee Real Property Transfer on Death Act

This act allows property owners to transfer their real estate directly to beneficiaries upon death using a special type of deed called a 'transfer on death' (TOD) deed, without going through probate.

What This Bill Does

Allows people to create a Transfer on Death Deed that automatically transfers property to chosen beneficiaries when the owner dies.
Requires the Transfer on Death Deed to be recorded in public records before the owner's death and must follow certain legal requirements.
Clarifies that these deeds are revocable, meaning owners can change or cancel them until they die.
States that during the owner’s life, a Transfer on Death Deed does not affect the owner’s rights over their property or impact creditors’ claims against it.
Specifies how property is transferred to beneficiaries upon the owner's death and outlines rules for joint ownership situations.

Who It Names or Affects

Property owners who want to transfer real estate directly to beneficiaries after they die.
Beneficiaries receiving property through a Transfer on Death Deed.
Creditors with claims against the deceased’s estate.

Terms To Know

Transfer on Death Deed: A special type of deed that transfers real estate to chosen beneficiaries upon the owner's death without going through probate.
Beneficiary: The person or entity designated to receive property from a Transfer on Death Deed after the owner’s death.

Limits and Unknowns

This bill does not specify how motor vehicle titles can be transferred upon an owner's death, only real estate.
It is unclear if this act will change existing methods of transferring property in Tennessee.
The bill was withdrawn by the sponsor and its status is uncertain.

Bill History

2026-02-25 Tennessee General Assembly
Sponsor(s) withdrawn.
2026-02-25 Tennessee General Assembly
Sponsor change.
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-02 Tennessee General Assembly
Assigned to s/c Civil Justice Subcommittee
2026-02-02 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-22 Tennessee General Assembly
Intro., P1C.
2026-01-22 Tennessee General Assembly
Filed for introduction
2026-01-21 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill authorizes the transfer of property to one or more beneficiaries effective upon the transferor's death by a transfer on death deed. This bill clarifies that on death deeds are nontestamentary. The capacity required to make or revoke a transfer
on death deed is the same as the capacity required to make a will. However, a transfer on death deed is effective without notice to the designated beneficiary during the transferor's life and without consideration.

This bill requires a transfer on death deed to (i) contain the essential elements and formalities of a properly recordable inter vivos deed, (ii) state that the transfer to the designated beneficiary is to occur upon the transferor's death, and (iii) be
recorded before the transferor's death in the public records in the office of the register of deeds where the property is located.

REVOCABILITY

This bill clarifies that transfer on death deeds are revocable even if the deed or another instrument contains a contrary provision. An instrument is effective to revoke a recorded transfer on death deed if it is (i) a transfer on death deed that expres
sly revokes the recorded transfer on death deed or part of it; (ii) a transfer on death deed that names a designated beneficiary that is inconsistent with the designated beneficiary in a recorded transfer on death deed; (iii) an instrument of revocation t
ha
t expressly revokes the recorded transfer on death deed or part of it; or (iv) an inter vivos deed that expressly revokes the recorded transfer on death deed or part of it. The instrument must also be acknowledged by the transferor after the acknowledgme
nt of the deed being revoked and recorded before the transferor's death in the public records in the county where the deed is recorded. However, a recorded transfer on death deed cannot be revoked by an act taken against or on the original or a copy of t
he
recorded transfer on death deed.

If a transfer on death deed is made by more than one transferor, then this bill provides that revocation by one does not affect the transfer on death deed as to the interest of the other. A transfer on death deed of joint owners may be revoked only if i
t is revoked by all living joint owners.

This bill clarifies that its provisions regarding the revocable instrument requirements for transfer on death deeds do not limit the effect of an inter vivos transfer of any property associated with such a deed.

EFFECT OF A TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE

During a transferor's life, this bill clarifies that a transfer on death deed does not do any of the following:



Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property.


Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed.


Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed.


Affect the transferor's or designated beneficiary's eligibility for any form of public assistance unless required by federal law.


Create a legal or equitable interest in favor of the designated beneficiary.


Subject the property to claims or process of a creditor of the designated beneficiary.

RULES FOR TRANSFER ON DEATH DEED

Upon the death of a transferor, this bill provides that the interest in the property in a transfer on death deed is generally transferred to and vests in the designated beneficiary in accordance with the deed. However, if the designated beneficiary does
not survive the transferor, the designated beneficiary's interest lapses. Concurrent interest are transferred to the beneficiaries in equal and undivided shares with no right of survivorship. If the transferor has identified two or more designated bene
fi
ciaries, then the share of one that lapses is transferred to the other or others. If the transferor is a joint owner that is survived by other joint owners, then the property that is subject to the transfer on death deed belongs to the surviving joint ow
ner or owners with right of survivorship but remains subject to the naming of the designated beneficiary in the transfer on death deed. If the transferor is the last surviving joint owner, then the transfer on death deed is effective.

This bill generally requires a beneficiary to take the property subject to all interests to which the property is subject at the transferor's death. The transfer and conveyance of the property subject to the transfer on death deed is deemed effective up
on the transferor's death. However, a beneficiary may disclaim all or part of the beneficiary's interest in transfer on death deed property.

CLAIMS AGAINST THE TRANSFEROR'S ESTATE

This bill allows a creditor to enforce liability for allowable claims against the estate against property transferred by a transfer on death deed if the transferor's probate estate is insufficient to satisfy the claim. If a beneficiary conveys the prope
rty before the initiation of an action to enforce such liability, then the estate or any creditor may enforce the liability against the beneficiary up to the value of the property conveyed. However, a proceeding to enforce this liability must begin withi
n
12 months of the transferor's death.

FORMS

This bill provides a form that may be used to create a transfer on death deed. It also provides a form that may be used to create an instrument of revocation for a transfer on death deed.

TRANSFER OF TITLE FOR MOTOR VEHICLES

This bill authorizes the owner of a motor vehicle to provide for the transfer of title upon the owner's death by including in the certificate of title a designation of a beneficiary. If the motor vehicle is owned by two or more persons, then ownership o
f the motor vehicle does not vest in the designated beneficiary until the death of the last owner. The beneficiary's interest in the motor vehicle is subject to the rights of all lienholders. A transfer on death certificate of title must include the wor
ds
"transfer on death to" or "TOD" followed by the name of the beneficiary. The beneficiary may be changed at any time with the filing of an application for subsequent transfer on death certificate of title.

APPLICABILITY

This bill applies to transfer on death deeds or certificates of title with a designated beneficiary made before, on, or after July 1, 2026, by a transferor or motor vehicle owner dying on or after July 1, 2026.

Current Bill Text

Read the full stored bill text

SENATE BILL 2029
By Lowe

HOUSE BILL 1793
By Cochran
HB1793
010604
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AN ACT to amend Tennessee Code Annotated, Title 8;
Title 30; Title 31; Title 32; Title 35; Title 55; Title 66
and Section 67-4-409, relative to the automatic
transfer of property upon death.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 31, is amended by adding the following
as a new chapter 8:
31-8-101. This chapter is known and may be cited as the "Tennessee Uniform Real
Property Transfer on Death Act."
31-8-102.
As used in this chapter:
(1) "Beneficiary" means a person that receives property under a transfer
on death deed;
(2) "Designated beneficiary" means a person designated to receive
property in a transfer on death deed;
(3) "Joint owner":
(A) Means an individual who owns property concurrently with one
(1) or more individuals with a right of survivorship;
(B) Includes a joint tenant and tenant by the entirety; and
(C) Does not include a tenant in common or joint tenant with no
right of survivorship;
(4) "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture, public

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corporation, government or governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity;
(5) "Property" means an interest in real property located in this state that
is transferable upon the death of the owner;
(6) "Transfer on death deed" means a deed authorized under this
chapter; and
(7) "Transferor" means an individual who makes a transfer on death
deed.
31-8-103.
This chapter does not affect any method of transferring property otherwise
permitted in this state.
31-8-104.
An individual may transfer property to one (1) or more beneficiaries effective
upon the transferor's death by a transfer on death deed.
31-8-105.
A transfer on death deed is revocable even if the deed or another instrument
contains a contrary provision.
31-8-106.
A transfer on death deed is nontestamentary.
31-8-107.
The capacity required to make or revoke a transfer on death deed is the same as
the capacity required to make a will.
31-8-108.
A transfer on death deed:

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(1) Except as otherwise provided in subdivision (2), must contain the
essential elements and formalities of a properly recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is to occur
upon the transferor's death; and
(3) Must be recorded before the transferor's death in the public records in
the office of the register of deeds of the county where the property is located.
31-8-109.
A transfer on death deed is effective without:
(1) Notice or delivery to or acceptance by the designated beneficiary
during the transferor's life; or
(2) Consideration.
31-8-110.
(a) Subject to subsection (b), an instrument is effective to revoke a recorded
transfer on death deed, or any part of it, if the instrument:
(1) Is one (1) of the following:
(A) A transfer on death deed that expressly revokes the recorded
transfer on death deed or part of the recorded transfer on death deed;
(B) A transfer on death deed that names a designated beneficiary
that is inconsistent with the designated beneficiary in a recorded transfer
on death deed;
(C) An instrument of revocation that expressly revokes the
recorded transfer on death deed or part of the recorded transfer on death
deed; or

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(D) An inter vivos deed that expressly revokes the recorded
transfer on death deed or part of the recorded transfer on death deed;
and
(2) Is acknowledged by the transferor after the acknowledgment of the
deed being revoked and recorded before the transferor's death in the public
records in the office of the register of deeds of the county where the deed is
recorded.
(b) If a transfer on death deed is made by more than one (1) transferor, then:
(1) Revocation by one (1) transferor does not affect the transfer on death
deed as to the interest of another transferor; and
(2) A transfer on death deed of joint owners is revoked only if it is
revoked by all of the living joint owners.
(c) After a transfer on death deed is recorded, it can be revoked only by an
effective revocatory instrument recorded prior to the death of the transferor and may not
be revoked by a revocatory act taken against or on the original or a copy of the recorded
transfer on death deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
31-8-111.
During a transferor's life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner,
including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has
actual or constructive notice of the deed;

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(3) Affect an interest or right of a secured or unsecured creditor or future
creditor of the transferor, even if the creditor has actual or constructive notice of
the deed;
(4) Affect the transferor's or designated beneficiary's eligibility for any
form of public assistance unless required by federal law;
(5) Create a legal or equitable interest in favor of the designated
beneficiary; or
(6) Subject the property to claims or process of a creditor of the
designated beneficiary.
31-8-112.
(a) Except as otherwise provided in the transfer on death deed, this section, §
32-3-104, § 31-1-102, § 31-1-106, or chapter 3 or 4 of this title, upon the death of the
transferor, the following rules apply to property that is the subject of a transfer on death
deed and owned by the transferor at death:
(1) Subject to subdivision (a)(2), the interest in the property is transferred
to and vests in the designated beneficiary upon the death of the transferor in
accordance with the deed;
(2) The interest of a designated beneficiary is contingent upon the
designated beneficiary surviving the transferor. The interest of a designated
beneficiary that fails to survive the transferor lapses;
(3) Subject to subdivision (a)(4), concurrent interests are transferred to
the beneficiaries in equal and undivided shares with no right of survivorship; and
(4) If the transferor has identified two (2) or more designated
beneficiaries to receive concurrent interests in the property, then the share of one
(1) that lapses or fails for any reason is transferred to the other, or to the others

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in proportion to the interest of each in the remaining part of the property held
concurrently.
(b) Subject to §§ 66-5-106 and 66-26-101 and title 66, chapter 24, a beneficiary
takes the property subject to all conveyances, encumbrances, assignments, contracts,
mortgages, liens, claims of the bureau of TennCare or successor entity for medical
assistance, and other interests to which the property is subject at the transferor's death.
For purposes of this title and title 66, the transfer and conveyance of the property subject
to the transfer on death deed is deemed to be effective upon the transferor's death.
(c) If a transferor is a joint owner and is:
(1) Survived by one (1) or more other joint owners, then the property that
is the subject of a transfer on death deed belongs to the surviving joint owner or
owners with right of survivorship but remains subject to the naming of the
designated beneficiary in the transfer on death deed; or
(2) The last surviving joint owner, then the transfer on death deed is
effective.
(d) A transfer on death deed transfers property without covenant or warranty of
title even if the deed contains a contrary provision.
31-8-113.
A beneficiary may disclaim all or part of the beneficiary's interest as provided by
chapter 7 of this title.
31-8-114.
(a) To the extent the transferor's probate estate is insufficient to satisfy an
allowed claim against the estate or a statutory allowance to a surviving spouse or child,
the estate or any creditor may enforce the liability against property transferred upon the
transferor's death by a transfer on death deed. If a beneficiary conveys property subject

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to a transfer on death deed before the initiation of an action to enforce a liability under
this section, then the estate or any creditor may enforce the liability against the
beneficiary up to the value of the property conveyed and obtain a judgment against the
beneficiary.
(b) If more than one (1) property is transferred by one (1) or more transfer on
death deeds, then liability under subsection (a) may be enforced against any property
transferred by a transfer on death deed. If a beneficiary conveys property before the
initiation of an action to enforce a liability under this section, then the estate or any
creditor may enforce the liability:
(1) Against the beneficiary as provided in subsection (a);
(2) Against the remaining properties that the beneficiary has not
conveyed; or
(3) Against both the beneficiary and the remaining properties that the
beneficiary has not conveyed.
(c) A proceeding to enforce the liability under this section must be commenced
not later than twelve (12) months after the transferor's death.
31-8-115.
The following form may be used to create a transfer on death deed; provided,
however, the other sections of this chapter govern the effect of this or any other
instrument used to create a transfer on death deed:
(front of form)
REVOCABLE TRANSFER ON DEATH DEED
NOTICE TO OWNER

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This deed will transfer ownership of the property described below when you die.
You should carefully read all of the information on this form. You should consult a
lawyer before using this form.
This form must be recorded with the register of deeds before your death, or it will
not be effective. Any change to this deed must also be recorded to be effective.

IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
___________________________ ______________________________
Printed name Mailing address
___________________________
Marital status
___________________________ ______________________________
Printed name Mailing address
___________________________
Marital status
Legal description of the property:
____________________________________________________________

PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me.
___________________________ _______________________________
Printed name Mailing address, if available

ALTERNATE BENEFICIARY – Optional
If my primary beneficiary does not survive me, I designate the following alternate
beneficiary if that beneficiary survives me.

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___________________________ _______________________________
Printed name Mailing address, if available

TRANSFER ON DEATH
At my death, I transfer my interest in the described property to the beneficiaries
as designated above.
Before my death, I have the right to revoke this deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
_______________________________ __________________________
Signature Date

_______________________________ __________________________
Signature Date

State of Tennessee
County of _______________

Personally appeared before me, ___________, a notary public in and for the state and
county aforesaid, ______________________, the within named person(s), with whom I
am personally acquainted or proved to me on the basis of satisfactory evidence, and
who acknowledged that such person was the one who executed the foregoing
instrument for the purposes therein contained.
WITNESS my hand and seal at office, on this _____ day of _________________, 20__
__________________________________
Notary Public
My Commission Expires:

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___________________________

(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
What does the Transfer on Death (TOD) deed do? When you die, this deed
transfers the described property, subject to any liens or mortgages (or other
encumbrances) on the property at your death. Probate is not required. The TOD deed
has no effect until you die. You can revoke it at any time. You are also free to transfer
the property to someone else during your lifetime. If you do not own any interest in the
property when you die, this deed will have no effect.
How do I make a TOD deed? Complete this form. Have it acknowledged before
a notary public or other individual authorized by law to take acknowledgments. Record
the form in each county where any part of the property is located. The form has no
effect unless it is acknowledged and recorded before your death.
Is the "legal description" of the property necessary? Yes.
How do I find the "legal description" of the property? This information may be on
the deed you received when you became an owner of the property. This information
may also be available in the office of the register of deeds for the county where the
property is located. If you are not absolutely sure, consult a lawyer.
Can I change my mind before I record the TOD deed? Yes. If you have not yet
recorded the deed and want to change your mind, simply tear up or otherwise destroy
the deed.
How do I "record" the TOD deed? Take the completed and acknowledged form
to the office of the register of deeds of the county where the property is located. Follow
the instructions given by the register of deeds to make the form part of the official

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property records. If the property is in more than one county, you need to record the
deed in each county.
Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the
TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.
How do I revoke the TOD deed after it is recorded? There are three ways to
revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and
record it in each county where the property is located; (2) Complete and acknowledge a
new TOD deed that disposes of the same property, and record it in each county where
the property is located; or (3) Transfer the property to someone else during your lifetime
by a recorded deed that expressly revokes the TOD deed. You cannot revoke the TOD
deed by will.
I am being pressured to complete this form. What should I do? Do not complete
this form under pressure. Seek help from a trusted family member, friend, or lawyer.
Do I need to tell the beneficiaries about the TOD deed? No, but it is
recommended. Secrecy can cause later complications and might make it easier for
others to commit fraud.
I have other questions about this form. What should I do? This form is designed
to fit some but not all situations. If you have other questions, you are encouraged to
consult a lawyer.
31-8-116.
The following form may be used to create an instrument of revocation under this
chapter; provided, however, the other sections of this chapter govern the effect of this or
any other instrument used to revoke a transfer on death deed:
(front of form)
REVOCATION OF TRANSFER ON DEATH DEED

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NOTICE TO OWNER
This revocation must be recorded with the register of deeds before your death, or
it will not be effective. This revocation is effective only as to the interests in the property
of owners who sign this revocation.

IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
___________________________ ______________________________
Printed name Mailing address
__________________________
Marital status
___________________________ ______________________________
Printed name Mailing address
__________________________
Marital status
Legal description of the property:
____________________________________________________________

REVOCATION
I revoke all my previous transfers of the property by transfer on death deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
_______________________________ ________________________
Signature Date

_______________________________ ________________________
Signature Date

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State of Tennessee
County of _______________

Personally appeared before me, ___________, a notary public in and for the state and
county aforesaid, ______________________, the within named person(s), with whom I
am personally acquainted or proved to me on the basis of satisfactory evidence, and
who acknowledged that such person was the one who executed the foregoing
instrument for the purposes therein contained.
WITNESS my hand and seal at office, on this ______ day of ________________, 20__.
___________________________________
Notary Public
My Commission Expires:
___________________________

(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form.
Have it acknowledged before a notary public or other individual authorized to take
acknowledgments. Record the form in the public records in the office of the register of deeds of
each county where the property is located. The form must be acknowledged and recorded
before your death or it has no effect.
How do I find the "legal description" of the property? This information may be on the
TOD deed. It may also be available in the office of the register of deeds for the county where
the property is located. If you are not absolutely sure, consult a lawyer.

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How do I "record" the form? Take the completed and acknowledged form to the office of
the register of deeds of the county where the property is located. Follow the instructions given
by the register of deeds to make the form part of the official property records. If the property is
located in more than one county, you need to record the form in each of those counties.
I am being pressured to complete this form. What should I do? Do not complete this
form under pressure. Seek help from a trusted family member, friend, or lawyer.
I have other questions about this form. What should I do? This form is designed to fit
some but not all situations. If you have other questions, consult a lawyer.
31-8-117.
In applying and construing this uniform act, consideration must be given to the
need to promote uniformity of the law with respect to its subject matter among the states
that enact it.
31-8-118.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in
Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify,
limit, or supersede § 101(c) of that act, or authorize electronic delivery of any of the
notices described in § 103(b) of that act.
SECTION 2. Tennessee Code Annotated, Section 31-7-112(a), is amended by adding
the following as a new subdivision:
( ) A transfer on death deed;
SECTION 3. Tennessee Code Annotated, Section 66-24-101(a)(12), is amended by
adding the language ", including transfer on death deeds" immediately after the word
"description".
SECTION 4. Tennessee Code Annotated, Section 55-3-118, is amended by adding the
following as a new subsection:

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(e)
(1) An owner may provide for the transfer of title to a motor vehicle upon
the owner's death by including in the certificate of title a designation of a
beneficiary to whom the motor vehicle must be transferred upon the death of the
owner, subject to the rights of all lienholders. A trust may be a designated
beneficiary. If a motor vehicle is jointly owned by two (2) or more persons, then
ownership of the motor vehicle shall not vest in the designated beneficiary until
the death of the last owner, subject to the rights of all lienholders.
(2) If a motor vehicle is jointly owned by two (2) or more persons, then
the signatures of all owners is required to designate a beneficiary. Only one (1)
party's signature is required to designate a beneficiary if the title is registered in
the name of one (1) spouse or where the conjunction between the names on the
title is "or."
(3) A transfer on death certificate of title must include, after the name of
the owner or owners, the words "transfer on death to" or the abbreviation "TOD"
followed by the name of the beneficiary.
(4) A beneficiary designation may be changed at any time without the
consent of a beneficiary with the filing of an application for a subsequent transfer
on death certificate of title and payment of the fee provided in § 55-6-101(a)(4).
Upon issuance of any subsequent certificate of title pursuant to this subsection
(e), the previous certificate that was issued is void.
SECTION 5. Tennessee Code Annotated, Section 55-6-101(a)(4), is amended by
deleting the language "destroyed certificate," and substituting instead the language "destroyed
certificate or a subsequent transfer on death certificate of title pursuant to § 55-3-118(e),".

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SECTION 6. Tennessee Code Annotated, Section 67-4-409(a)(1)(C), is amended by
adding the following as a new subdivision:
( ) Are transfers by a transfer on death deed pursuant to title 31, chapter 8;
SECTION 7. For purposes of preparing forms or promulgating rules, this act takes effect
upon becoming a law, the public welfare requiring it. For all other purposes, this act takes effect
July 1, 2026, the public welfare requiring it, and applies to transfer on death deeds or certificates
of title with a designated beneficiary made before, on, or after July 1, 2026, by a transferor or
motor vehicle owner dying on or after July 1, 2026.