T
The Daily Insight

What happens if a TOD beneficiary dies?

Author

James Craig

Published Feb 26, 2026

In the event that there are no living beneficiaries, life insurance policies, TOD and POD accounts will go to the decedent’s estate. If the beneficiary outlives the person creating the estate plan, but dies before receiving the gift, the gift will go to the probate estate of the deceased beneficiary.

Can property be transferred upon death?

However, in the case of death of a spouse, the property can only be transferred in two ways. One is through partition deed or settlement deed in case no will or testament is created by the deceased spouse. And second is through the will deed executed by the person before his/her last death.

How does a transfer on Death Deed work?

Learn what a transfer on death deed is, how it works, and whether your state allows TOD deeds in this transfer on death deed guide by Trust & Will.

How does a transfer on Death ( Tod ) account work?

What Is a TOD Account? A transfer on death (TOD) account automatically transfers its assets to a named beneficiary when the holder dies For example, if you have a savings account with $100,000 in it and name your son as its beneficiary, that account would transfer to him upon your death.

Can a Tod deed be reimbursed after a death?

Upon a Medicaid recipient’s death, the government may seek reimbursement from the recipient’s probate estate. A TOD deed is not usually considered a gift of the property, nor is the property part of the probate estate subject to reimbursement. As with any real estate deed, the document must comply with state law.

How is a Tod deed different from an estate deed?

Unlike life estate deeds and right of survivorship deeds, a TOD deed form avoids probate without sacrificing control. A property owner that creates a TOD deed retains the right to change or revoke the deed during life without the consent of the beneficiaries.