Sec. 13.48.010. 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.
Sec. 13.48.020. Transfer on death deed revocable.
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
Sec. 13.48.030. Transfer on death deed nontestamentary.
A transfer on death deed is nontestamentary.
Sec. 13.48.040. 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.
Sec. 13.48.045. When certain deeds void; challenges to deed.
(a) A transfer on death deed or an instrument revoking a transfer on death deed is void if it is obtained by fraud, duress, or undue influence. (b) A proceeding must be commenced within 12 months after the transferor’s death to (1) contest the capacity of the transferor; or (2) determine whether a transfer on […]
Sec. 13.48.050. Requirements.
A transfer on death deed (1) except as otherwise provided in (2) and (3) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) must state that the transfer to the designated beneficiary is to occur at the transferor’s death; (3) may not use a beneficiary designation […]
Sec. 13.48.060. Notice, delivery, acceptance, consideration not required.
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 (2) consideration.
Sec. 13.48.070. Revocation by instrument authorized; revocation by act not permitted.
(a) Subject to (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: (A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (B) an […]
Sec. 13.48.080. Effect of transfer on death deed during transferor’s life.
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; (2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; (3) […]
Sec. 13.48.090. 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 AS 13.12.203, 13.12.702, 13.12.803, or 13.12.804, 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 (2) […]
Sec. 13.48.100. Disclaimer.
A beneficiary may disclaim all or part of the beneficiary’s interest as provided by AS 13.70 (Uniform Disclaimer of Property Interests Act).
Sec. 13.48.110. 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, the costs of administration of 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) […]
Sec. 13.48.120. Optional form of transfer on death deed.
The following form may be used to create a transfer on death deed. The provisions of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. (front of form)REVOCABLE TRANSFER ON DEATH DEEDNOTICE TO OWNERYou should carefully read all information on the other side of this […]
Sec. 13.48.130. Optional form of revocation.
The following form may be used to create an instrument of revocation under this chapter. The provisions of this chapter 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 DEEDNOTICE TO OWNER This revocation must be recorded before you die […]
Sec. 13.48.140. Nonexclusivity.
The provisions of this chapter do not affect any method of transferring property otherwise permitted under the law of this state.
Sec. 13.48.150. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Sec. 13.48.160. Relationship to Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter modify, limit, and supersede 15 U.S.C. 7001 – 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
Sec. 13.48.190. Definitions.
In this chapter, (1) “beneficiary” means a person who receives property under a transfer on death deed; (2) “designated beneficiary” means a person designated to receive property in a transfer on death deed; (3) “joint owner” means an individual who is a tenant by the entirety, who is an owner of community property with a […]
Sec. 13.48.195. Short title.
This chapter may be cited as the Uniform Real Property Transfer on Death Act.