Transfer on Death (TOD)
Transfer on Death (TOD)
An account registration allowing securities to transfer directly to a named beneficiary upon the account owner's death, bypassing probate. The owner retains complete control during their lifetime, and the beneficiary has no ownership rights until death occurs. TOD designations can be changed or revoked at any time.
A 72-year-old retiree designates her two adult children as equal TOD beneficiaries on her $800,000 brokerage account. She maintains full control to trade, withdraw, or change beneficiaries during her lifetime. Upon her death, the account transfers directly to her children in equal shares without going through probate.
Students often confuse TOD with joint ownership (JTWROS). With TOD, the beneficiary has NO current rights and cannot access or control the account until the owner dies. With JTWROS, all owners have immediate equal ownership and access. TOD beneficiaries are like sealed envelope recipients: they only get the contents when you die.
How This Is Tested
- Understanding that TOD avoids probate but beneficiary has no rights until death
- Distinguishing TOD from joint ownership forms (JTWROS, tenants in common)
- Recognizing that owner retains full control and can change beneficiaries anytime
- Identifying TOD as an estate planning tool for smooth asset transfer
- Understanding beneficiary rights begin only at owner's death, not before
Example Exam Questions
Test your understanding with these practice questions. Select an answer to see the explanation.
Robert, age 68, wants to ensure his $600,000 investment account passes directly to his daughter Sarah when he dies, avoiding probate delays and legal costs. However, he wants to maintain complete control over the account during his lifetime, including the ability to withdraw funds or change his mind about the beneficiary. Which account registration would BEST meet Robert's objectives?
B is correct. A TOD (Transfer on Death) designation allows Robert to maintain complete control and ownership during his lifetime while ensuring the account transfers directly to Sarah at his death, bypassing probate. Robert can trade securities, withdraw funds, or change the beneficiary designation at any time without Sarah's knowledge or consent. Sarah has no current ownership rights and cannot access the account until Robert dies.
A is incorrect because JTWROS gives Sarah immediate equal ownership and access rights to the account. Robert would no longer have sole control, as Sarah could withdraw funds or trade securities without his permission. Additionally, Robert cannot unilaterally change ownership without Sarah's consent. C is incorrect because tenants in common gives Sarah immediate partial ownership interest, not deferred rights at death. This also complicates control and does not match Robert's goal of maintaining sole authority. D is incorrect because while a revocable trust avoids probate, appointing Sarah as trustee gives her management authority over the account, which conflicts with Robert's desire for complete personal control.
The Series 65 exam tests your ability to recommend appropriate account registrations based on client objectives. Understanding that TOD preserves owner control while ensuring probate avoidance is critical for estate planning recommendations, especially when clients want both flexibility and smooth asset transfer to heirs.
Which of the following statements about Transfer on Death (TOD) account registrations is accurate?
C is correct. The fundamental characteristics of TOD accounts are that beneficiaries have no ownership rights, access, or control until the account owner's death, and the account bypasses the probate process entirely. Upon death, assets transfer directly to the named beneficiary outside of the will and probate court.
A is incorrect because TOD beneficiaries have NO current rights during the owner's lifetime. They are merely designated to receive the assets at death and cannot access, trade, or control the account before that time. B is incorrect because avoiding probate is one of the primary benefits of TOD designations. The account transfers directly to the beneficiary by operation of the registration, not through the probate court process. D is incorrect because the account owner can change or revoke TOD beneficiary designations at any time without the beneficiary's knowledge, consent, or approval. This flexibility is a key feature that distinguishes TOD from joint ownership.
The Series 65 exam frequently tests understanding of TOD characteristics, particularly the distinction between beneficiary designation (no current rights) and joint ownership (immediate rights), as well as probate avoidance. This knowledge is essential for proper estate planning recommendations and explaining account registration options to clients.
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Access Free BetaMaria establishes a TOD registration on her $400,000 brokerage account, naming her two sons as equal beneficiaries. Three years later, she decides she wants to add her daughter as a third equal beneficiary and reduce her sons' shares accordingly. What is required for Maria to make this change?
B is correct. TOD designations can be changed, modified, or revoked at any time by the account owner without beneficiary consent or court approval. Maria simply needs to complete a new beneficiary designation form with her custodian to add her daughter and adjust the distribution percentages (changing from 50%/50% to 33.33%/33.33%/33.33%). The beneficiaries have no say in this decision and may not even be aware of the change.
A is incorrect because TOD beneficiaries have no current ownership rights and therefore no approval authority over changes to the designation. The owner maintains unilateral control to modify or revoke beneficiary designations at will. C is incorrect because TOD registrations are established and modified through the account custodian, not through probate court. Probate is avoided entirely with TOD accounts. D is incorrect because TOD designations are specifically designed to be flexible and changeable. The owner can modify beneficiaries as many times as desired without closing or reopening accounts.
The Series 65 exam tests understanding of the owner's unilateral control over TOD designations and the ability to modify beneficiaries without restriction. This flexibility is a key advantage of TOD registrations and distinguishes them from irrevocable transfers or joint ownership arrangements where changes require consent or legal process.
All of the following statements about Transfer on Death (TOD) account registrations are accurate EXCEPT
C is correct (the EXCEPT answer). TOD beneficiaries do NOT have current ownership rights, access to account information, or any control during the owner's lifetime. They are simply designated to receive the assets upon the owner's death. Beneficiaries cannot request statements, tax information, or account activity reports until after the owner dies and the account transfers to them.
A is accurate: Probate avoidance is a primary benefit of TOD designations. Upon death, securities transfer directly to the named beneficiary by operation of the registration, outside the will and probate court process. B is accurate: The owner maintains complete control during their lifetime, including full trading authority, withdrawal rights, and the ability to change or revoke beneficiary designations without restriction. D is accurate: TOD registrations are available for individual and joint securities accounts in most U.S. states and are governed by the Uniform Transfer on Death Securities Registration Act adopted by most jurisdictions.
The Series 65 exam tests your ability to distinguish between the rights of TOD beneficiaries (no current rights, only future inheritance rights) versus joint account owners (immediate equal rights). Understanding this distinction is critical for explaining TOD registrations to clients and avoiding confusion with other ownership forms.
An investment adviser is explaining different account registration options to a client who wants to ensure her daughter receives her investment account at death. The adviser compares Transfer on Death (TOD), Joint Tenants with Rights of Survivorship (JTWROS), and Tenants in Common (TIC) registrations. Which of the following statements accurately distinguish these registration types?
1. With TOD, the owner retains sole control and the beneficiary has no current rights; with JTWROS, all owners have immediate equal access and control
2. TOD avoids probate; JTWROS avoids probate; TIC does NOT avoid probate
3. TOD beneficiary designations can be changed unilaterally by the owner; JTWROS ownership cannot be changed without all owners' consent
4. With TIC, the account passes to the deceased owner's estate at death; with JTWROS, it passes to surviving joint owner(s)
D is correct. All four statements accurately distinguish these account registration types.
Statement 1 is TRUE: TOD preserves sole ownership for the account holder during their lifetime. The beneficiary has zero current rights and cannot access the account or receive information until death occurs. In contrast, JTWROS creates immediate equal ownership for all named owners, each with full access and control rights from the moment the account is established.
Statement 2 is TRUE: Both TOD and JTWROS avoid probate because assets transfer automatically by operation of the registration (TOD to beneficiary, JTWROS to surviving owner). However, TIC does NOT avoid probate. When a TIC owner dies, their percentage ownership interest becomes part of their estate and must go through probate before distribution to their heirs.
Statement 3 is TRUE: TOD owners have unilateral authority to add, remove, or modify beneficiary designations at any time without notice or consent from beneficiaries. With JTWROS, changing ownership structure requires consent from all current owners because each owner has immediate vested ownership rights that cannot be unilaterally eliminated.
Statement 4 is TRUE: TIC ownership interests pass according to the deceased owner's will (or intestacy laws if no will) as part of their probate estate. JTWROS includes an automatic right of survivorship, meaning the deceased owner's interest automatically transfers to the surviving joint owner(s) outside of the will and probate, in equal shares among survivors.
The Series 65 exam comprehensively tests understanding of how different account registration types affect ownership rights, control, probate treatment, and asset transfer at death. Advisers must understand these distinctions to make appropriate recommendations based on client objectives for estate planning, control preferences, and probate avoidance goals.
💡 Memory Aid
TOD is like a sealed envelope with a beneficiary's name on it. You keep full control of what's inside while alive (change it, spend it, rewrite the name on the envelope), but at death it automatically opens and delivers to them, skipping the probate courtroom. Remember: TOD = The Owner Decides (can change beneficiary anytime). Beneficiary = "No Rights Until Death" (NRUD).
Related Concepts
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Where This Appears on the Exam
This term is tested in the following Series 65 exam topics: