* ³ 424. Transfer on death deed. 1. Definitions. For the purposes of
this section the following terms shall have the following meanings:

(a) "Beneficiary" means a person who receives property in a transfer
on death deed.

(b) "Designated beneficiary" means a person designated to receive
property in a transfer on death deed.

(c) "Joint owner" means an individual who owns property concurrently
with one or more other individuals with a right of survivorship. The
term includes a joint tenant, owner of community property with a right
of survivorship and tenant by the entirety. The term does not include a
tenant in common or owner of community property without a right of
survivorship.

(d) "Person" includes a natural person, an association, board, any
corporation, whether municipal, stock or non-stock, court, governmental
agency, authority or subdivision, partnership or other firm and the
state.

(e) "Property" means an interest in real property located in this
state which is transferable on the death of the owner.

(f) "Transfer on death deed" means a deed authorized under this
section.

(g) "Transferor" means an individual who makes a transfer on death
deed.

2. Nonexclusivity. This section does not affect any method of
transferring property otherwise permitted under the law of this state.

3. Transfer on death deed authorized. An individual may transfer
property to one or more beneficiaries effective at the transferor's
death by a transfer on death deed.

4. Transfer on death deed revocable. A transfer on death deed is
revocable even if the deed or another instrument contains a contrary
provision.

5. Transfer on death deed nontestamentary. A transfer on death deed is
nontestamentary.

6. Capacity of transferor. The capacity required to make or revoke a
transfer on death deed is the same as the capacity required to make a
will.

7. Requirements. A transfer on death deed:

(a) except as otherwise provided in this subdivision, shall contain
the essential elements and formalities of a properly recordable inter
vivos deed;

(b) shall state that the transfer to the designated beneficiary is to
occur at the transferor's death;

(c) shall be signed by two witnesses who were present at the same time
and who witnessed the signing of the transfer on death deed;

(d) shall be acknowledged before a notary public; and

(e) shall be recorded before the transferor's death in the public
records in the county clerk's office of the county where the property is
located in the same manner as any other type of deed.

8. Notice, delivery, acceptance, consideration not required. A
transfer on death deed shall be effective without:

(a) notice or delivery to or acceptance by the designated beneficiary
during the transferor's life; or

(b) consideration.

9. Revocation by instrument authorized; revocation by act not
permitted.

(a) Subject to paragraph (b) of this subdivision, an instrument shall
be effective to revoke a recorded transfer on death deed, or any part of
it, only if the instrument:

(1) is one of the following:

(A) a transfer on death deed that revokes the deed or part of the deed
expressly or by inconsistency;

(B) an instrument of revocation that expressly revokes the deed or
part of the deed; or

(C) an inter vivos deed that expressly revokes the transfer on death
deed or part of the 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 county clerk's office of the county where the deed
is recorded.

(b) If a transfer on death deed is made by more than one transferor:

(1) revocation by a transferor shall not affect the deed as to the
interest of another transferor; and

(2) a deed of joint owners shall only be revoked if it is revoked by
all of the living joint owners.

(c) After a transfer on death deed is recorded, it shall not be
revoked by a revocatory act on the deed.

(d) This section shall not limit the effect of an inter vivos transfer
of the property.

10. Effect of transfer on death deed during transferor's life. During
a transferor's life, a transfer on death deed shall not:

(a) affect an interest or right of the transferor or any other owner,
including the right to transfer or encumber the property;

(b) affect an interest or right of a transferee, even if the
transferee has actual or constructive notice of the deed;

(c) 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;

(d) affect the transferor's or designated beneficiary's eligibility
for any form of public assistance;

(e) create a legal or equitable interest in favor of the designated
beneficiary; or

(f) subject the property to claims or process of a creditor of the
designated beneficiary.

11. Effect of transfer on death deed at transferor's death. (a) Except
as otherwise provided in the transfer on death deed, in this section or
in any other section of law which effects nonprobate transfers, on 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 subparagraph two of this paragraph, the interest in the
property shall be transferred to the designated beneficiary in
accordance with the deed.

(2) The interest of a designated beneficiary is contingent on the
designated beneficiary surviving the transferor. The interest of a
designated beneficiary that fails to survive the transferor lapses.

(3) Subject to subparagraph four of this paragraph, concurrent
interests shall be transferred to the beneficiaries in equal and
undivided shares with no right of survivorship.

(4) If the transferor has identified two or more designated
beneficiaries to receive concurrent interests in the property, the share
of one which lapses or fails for any reason shall be transferred to the
other, or to the others in proportion to the interest of each in the
remaining part of the property held concurrently.

(b) Subject to this chapter, a beneficiary takes the property subject
to all conveyances, encumbrances, assignments, contracts, mortgages,
liens, and other interests to which the property is subject at the
transferor's death. For purposes of this paragraph and this chapter, the
recording of the transfer on death deed shall be deemed to have occurred
at the transferor's death.

(c) If a transferor is a joint owner and is survived by one or more
other joint owners, the property that is the subject of a transfer on
death deed shall belong to the surviving joint owner or owners with
right of survivorship.

(d) If a transferor is a joint owner and is the last surviving joint
owner, the transfer on death deed shall be effective.

(e) A transfer on death deed transfers property without covenant or
warranty of title even if the deed contains a contrary provision.

12. Applicability of invalidating and revocatory principles. (a)
Nothing in this section shall limit the application of principles of
fraud, undue influence, duress, mistake, or other invalidating cause to
a transfer of property.

(b) Divorce, annulment or declaration of nullity, or dissolution of
marriage, shall have the same effect on a transfer on death deed as
outlined in section 5-1.4 of the estates, powers and trusts law.

13. Renunciation. A beneficiary may renounce all or part of the
beneficiary's interest in the same manner as if the interest was
transferred in a will.

14. Liability for creditor claims and statutory allowances. (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 may enforce the liability against property
transferred at the transferor's death by a transfer on death deed.

(b) If more than one property is transferred by one or more transfer
on death deeds, the liability under paragraph (a) of this subdivision is
apportioned among the properties in proportion to their net values at
the transferor's death.

(c) A proceeding to enforce the liability under this section must be
commenced no later than eighteen months after the transferor's death.

15. Form of transfer on death deed. The following form may be used to
create a transfer on death deed. The other subdivisions of this section
shall 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
You should carefully read all information on the other side of this
form. You may want to consult a lawyer before using this form.
This form must be recorded before your death, or it will not be
effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
____________________________________________________
Printed name Mailing address
____________________________________________________
Printed name Mailing address
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.
____________________________________________________
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
SIGNATURE OF WITNESSES
____________________________________________________
Signature Date
____________________________________________________
Signature Date
____________________________________________________
NOTARY ACKNOWLEDGMENT
(insert notary acknowledgment for deed here)
(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. 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
county clerk's office of 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 county clerk's office of
the county where the property is located. Follow the instructions given
by the county clerk to make the form part of the official property
records. If the property is in more than one county, you should 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.
(3) Transfer the property to someone else during your lifetime by a
recorded deed that expressly revokes the TOD deed. You may not 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.
16. Form of revocation. The following form may be used to create an
instrument of revocation under this section. The other subdivisions of
this section shall 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
NOTICE TO OWNER
This revocation must be recorded before you die, 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
____________________________________________________
Printed name Mailing address
Legal description of the property:
____________________________________________________
REVOCATION
I revoke all my previous transfers of this property by transfer on death
deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
____________________________________________________
Signature Date
____________________________________________________
Signature Date
SIGNATURE OF WITNESSES
____________________________________________________
Signature Date
____________________________________________________
Signature Date
NOTARY ACKNOWLEDGMENT
(insert notary acknowledgment here)
(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. Record
the form in the public records in the county clerk's office of the
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
county clerk's office of the county where the property is located. If
you are not absolutely sure, consult a lawyer.
How do I "record" the form?
Take the completed and acknowledged form to the county clerk's office of
the county where the property is located. Follow the instructions given
by the county clerk to make the form part of the official property
records. If the property is located in more than one county, you should
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.

* NB Effective July 19, 2024