UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT CHAPTER 30.1-32.1 3

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30.1-32.1-01. Definitions

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"Beneficiary" means a person that receives property under a transfer on death deed

"Designated beneficiary" means a person designated to receive property in a transfer on death deed

"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 and tenant by the entirety. The term does not include a tenant in common

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

"Transfer on death deed" means a deed authorized under this chapter

"Transferor" means an individual who makes a transfer on death deed

30.1-32.1-02. 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

30.1-32.1-03. Transfer on death deed revocable

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

30.1-32.1-04. Transfer on death deed nontestamentary

A transfer on death deed is nontestamentary

30.1-32.1-05. 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

30.1-32.1-06. Requirements

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A transfer on death deed except as otherwise provided in subsection 2 must contain the essential elements and formalities of a properly recordable inter vivos deed

A transfer on death deed must state that the transfer to the designated beneficiary is to occur at the transferor's death

A transfer on death deed must use the phrase "transfer on death deed" or the abbreviation "TOD" in the title of the deed

A transfer on death deed must be recorded before the transferor's death in the public records in the office of the county recorder of the county where the property is located

An auditor's certificate of transfer under section 11-18-02 and a statement of full consideration under section 11-18-02.2 are not required to record a transfer on death deed or a revocation instrument

30.1-32.1-07. Notice, delivery, acceptance, and consideration not required

A transfer on death deed is effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life or without consideration

30.1-32.1-08. Revocation by instrument authorized - Revocation by act not permitted

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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 the deed or part of the deed expressly or by inconsistency; Page No. 1 (2) An instrument of revocation that expressly revokes the deed or part of the (3) An inter vivos deed that expressly revokes the transfer on death deed or deed; or part of the deed; and b

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 office of the county recorder of the county where the deed is recorded

If a transfer on death deed is made by more than one transferor, revocation by a transferor does not affect the deed as to the interest of another transferor and a deed of joint owners is revoked only if it is revoked by all of the living joint owners

After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed

This section does not limit the effect of an inter vivos transfer of the property

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30.1-32.1-09. 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; Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; 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; Affect the transferor's or designated beneficiary's eligibility for any form of public assistance; 2

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5. Create a legal or equitable interest in favor of the designated beneficiary; or 6

Subject the property to claims or process of a creditor of the designated beneficiary

30.1-32.1-10. Effect of transfer on death deed at transferor's death

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Except as otherwise provided in the transfer on death deed, in this section, or in state law on antilapse, revocation by divorce or homicide, survival and simultaneous death, and elective share, if applicable to 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: a

Subject to subdivision b, the interest in the property is transferred to the designated beneficiary in accordance with the deed

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

Subject to subdivision d, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship

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 is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently

Subject to chapter 47-19, 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 subsection and chapter 47-19, the recording of the transfer on death deed is deemed to have occurred at the transferor's death

If a transferor is a joint owner and is: a

Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or The last surviving joint owner, the transfer on death deed is effective

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

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Page No. 2 30.1-32.1-11. Disclaimer

A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 30.1-10.1

30.1-32.1-12. Liability for creditor claims and statutory allowances

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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. The estate may not enforce the liability against a purchaser of the property for value or a person that acquires an encumbrance in the property for value from the person that received the property by a transfer on death deed

If more than one property is transferred by one or more transfer on death deeds, the liability under subsection 1 is apportioned among the properties in proportion to the net values of the property at the transferor's death

A proceeding to enforce the liability under this section may not be commenced later than eighteen months after the transferor's death. Any proceeding to enforce the liability as to property that has been purchased or encumbered for value must be brought against the person that received the property by a transfer on death deed for the net value at the time of the transferor's death

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30.1-32.1-13. Relation to Electronic Signatures in Global and National Commerce Act

This chapter 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 Act [15 U.S.C. 7003(b)]

30.1-32.1-14. Application

This Act applies to a transfer on death deed made before, on, or after August 1, 2011, by a transferor dying on or after August 1, 2011. This chapter does not affect any method of transferring property otherwise permitted under the law of this state

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