§36-12-1. Short Title
This article may be cited as the Uniform Real Property Transfer on Death Act.
This article may be cited as the Uniform Real Property Transfer on Death Act.
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
(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is one of the following:
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;
(a) Except as otherwise provided in the transfer on death deed in this article, section six, article one, chapter forty-one of this code, section three, article three, chapter forty-one of this code, article three, chapter forty-two of this code, section two, article four, chapter forty-two of this code or article five, chapter forty-two of this […]
A beneficiary may disclaim all or part of the beneficiary's interest as provided by article six, chapter forty-two of this code.
(a) Any transfer on death deed properly recorded in an office of the clerk of a county commission before the effective date of this article containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (b) Any survivorship clause in a deed properly recorded […]
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.
This article 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 section 101(c) of that act, 15 U. S. C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that […]
In this article: (1) "Beneficiary" means a person who receives property under a transfer on death deed.
This article applies to a transfer on death deed made on or after the effective date of this article, by a transferor dying on or after the effective date of this article.
This article does not affect any method of transferring property otherwise permitted under the law of this state.
An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
A transfer on death deed is nontestamentary.
The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
A transfer on death deed: (1) Except as otherwise provided in subdivision (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;