The following form may be used to create a transfer on death deed. The other sections 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 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 as Grantor or Grantors:
________________Printed name__________________Mailing address
________________Printed name__________________Mailing address
Legal description of the property:
________________
PRIMARY BENEFICIARY/GRANTEE
I designate the following beneficiary if the beneficiary survives me.
________________Printed name__________________Mailing address
ALTERNATE BENEFICIARY/GRANTEE — Optional
If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
________________Printed name__________________Mailing address
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 by recording a completed revocation form or other instrument of revocation in the public records in the office of the Recorder of Deeds.
I acknowledge that the instruction to transfer of property to the beneficiary/grantee in this deed controls over any contrary instruction in my will that is prepared before or after this deed.
I acknowledge that if my 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 my death by this deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
____Printed Name & Signature__________Date
____Printed Name & Signature__________Date
SIGNATURES OF WITNESSES TO THIS DEED
We do now hereby swear and affirm that we are signing our names to this instrument with the belief and knowledge that the owner or owners, was or were, at the time of signing of sound mind and memory, and free from any undue influence or coercion by any parties, including us as witnesses.
____Printed Name & Signature __________________Mailing Address__________Date
____Printed Name & Signature __________________Mailing Address__________Date
ACKNOWLEDGMENT
(insert 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.
Which controls at my death, my will or the TOD deed?The TOD deed controls over a contrary instruction in a will.
How do I make a TOD deed?Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. 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 office of the recorder of deeds for 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 office of the recorder of deeds of the county where the property is located. Follow the instructions given by the recorder of deeds 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 to someone else, 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.