Arkansas Transfer on Death Deed (TODD): What You Need to Know
Arkansas adopted Transfer on Death Deed (TODD) legislation in 2005, letting you name a beneficiary to receive your home automatically on your death — no probate, no court, no executor required for that asset. This is one of the most under-used estate planning tools available to Arkansas homeowners.
How a Arkansas TODD works
While you're alive, you retain full ownership. You can sell, mortgage, refinance, or transfer the property normally. You can revoke or change the TODD at any time without the beneficiary's consent. The beneficiary you've named has no rights, no obligations, and no information about the property until you die. When you die, they file a brief affidavit with the county recorder along with a certified death certificate, and title transfers automatically.
Arkansas-specific specifics
| Governing statute | Ark. Code § 18-12-608 (Beneficiary deed) |
|---|---|
| Year enacted | 2005 |
| Recording office | Circuit Clerk / Recorder (same as for any deed) |
| Notarization required | Yes — same as any deed in Arkansas |
| Witness requirements | None |
| Revocability | Fully revocable at any time without beneficiary consent |
When a TODD makes sense in Arkansas
- You own a home and want it to pass to a specific person on your death without going through probate.
- Your estate is otherwise simple (this is the only major asset, or other assets are already covered by beneficiary designations).
- You want flexibility to change your mind without setting up irrevocable structures.
- You don't want the beneficiary to have any rights to the property while you're alive.
When a TODD does NOT make sense
- You want the beneficiary to be a co-owner now. Use joint tenancy or add them to the deed instead.
- You have multiple properties, complex assets, minor children as beneficiaries, or special-needs planning concerns. A living trust is the right tool for complexity.
- You want to control how the beneficiary uses the property after your death (restrict sale, require continued occupancy, etc.). TODDs can't do this; trusts can.
- The property has substantial debts or judgments against you. The beneficiary inherits the property subject to all of those, which may exceed the value.
Practical execution in Arkansas
- Draft a TODD that complies with Ark. Code § 18-12-608 (Beneficiary deed). Specific statutory language is required. Don't use a generic out-of-state template.
- Sign in front of a notary.
- Record the TODD with the Circuit Clerk / Recorder in the county where the property is located. The TODD must be recorded during your lifetime to be effective. A TODD found in your desk after death and recorded post-mortem is invalid.
- Keep a copy with your other estate planning documents and tell the beneficiary it exists (so they know what to do when the time comes).
What ClosingDesk handles (and doesn't)
ClosingDesk currently focuses on standard quitclaim, grant, and warranty deeds. We are not yet automating Arkansas TODD drafting because state-specific TODD requirements need licensed-attorney sign-off per state, and we want to ship TODD templates only when we're confident they're correctly drafted.
If you want a TODD prepared for your Arkansas property today, the right path is a one-hour consultation with a Arkansas estate planning attorney (typical cost $200-$500 for a simple TODD). If you'd like, email us at support@closingdesk.io and we can recommend resources in your area.
This article is general information about TODD law in Arkansas, not legal or estate planning advice. TODD requirements have specific statutory drafting requirements; getting them wrong can invalidate the entire instrument and cost the beneficiary the property after your death. Consult a licensed Arkansas estate planning attorney before recording.