§6-401. Short title This Part may be known and cited as “the Uniform Real Property Transfer on Death Act.” [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL […]
§6-402. Definitions As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Beneficiary. “Beneficiary” means a person that receives property under a transfer on death deed. [PL 2017, c. […]
§6-403. Applicability This Part applies to a transfer on death deed made before, on or after September 1, 2019 by a transferor dying on or after September 1, 2019. [PL 2019, c. 417, Pt. B, §9 (AMD).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 […]
§6-404. Nonexclusivity This Part does not affect any method of transferring property otherwise permitted under the law of this State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). […]
§6-405. Transfer on death deed authorized An individual may transfer for no consideration property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, […]
§6-406. Transfer on death deed revocable A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, […]
§6-407. Transfer on death deed nontestamentary A transfer on death deed is nontestamentary. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 […]
§6-408. Capacity of transferor; undue influence of transferor 1. Capacity. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Undue influence. In addition […]
§6-409. Requirements A transfer on death deed: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Essential elements and formalities. Except as otherwise provided in subsection 2, must contain the essential elements and formalities of a properly recordable inter vivos deed; [PL 2017, c. 402, […]
§6-410. Notice, delivery, acceptance, consideration not required A transfer on death deed is effective without: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Notice, delivery or acceptance. Notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or [PL 2017, […]
§6-411. Revocation by instrument authorized; revocation by act not permitted 1. Revocation by instrument. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: A. Is one of the following: (1) A transfer on death deed that revokes […]
§6-412. Effect of transfer on death deed during transferor’s life During a transferor’s life, a transfer on death deed does not: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Affect interest or right of transferor or other owner. Affect an interest or right of the […]
§6-413. Effect of transfer on death deed at transferor’s death 1. Upon death of transferor. Except as otherwise provided in the transfer on death deed, in this section or in section 2‑507, 2‑603, 2‑802 or 2‑805 or in Article 2, Part 2, on the death of the transferor, the following rules apply to property that […]
§6-414. Notice of death affidavit A beneficiary who takes under a transfer on death deed may file for recording in the registry of deeds in the county where the real property is located a notice of death affidavit to confirm title following the death of the transferor. The notice of death affidavit must contain the […]
§6-415. Disclaimer A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Article 2, Part 9. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). […]
§6-416. Liability for creditor claims and statutory allowances A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor’s probate estate and statutory allowances to a surviving spouse and children to the extent provided in section 6-102. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. […]
§6-417. Optional form of transfer on death deed The following form may be used to create a transfer on death deed. The other sections of this Part 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 […]
§6-418. Optional form of revocation The following form may be used to create an instrument of revocation under this Part. The other sections of this Part 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 […]
§6-419. Uniformity of application and construction 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]
§6-420. Relation to Electronic Signatures in Global and National Commerce Act This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize […]
