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 DEED
NOTICE TO OWNER
You should carefully read all information on the other side of this
form. Transferring real property by using a transfer on death deed may
have important legal consequences in addition to designating who will
receive the real property on the transferor's death. These consequences
may include, but are not limited to, (1) affecting the beneficiary's
eligibility for public assistance; and (2) affecting creditors' rights.
If you have any questions, you should consult an attorney.
This form must be recorded before your death, or it will not be
effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
Printed name Mailing address
Marital status
Printed name Mailing address
Marital status
Legal description of the property:
PRIMARY BENEFICIARYENEFICIARIES
(Please list one or more primary beneficiaries. You may want to
obtain legal advice before listing more than one primary beneficiary.
There is more than one way to transfer property to several persons.)
I designate the following beneficiary if the beneficiary survives
me:
Printed name Mailing address, if available
Marital status
ALTERNATE BENEFICIARYENEFICIARIES - Optional
(You may list one or more alternate beneficiaries. You may want to
obtain legal advice before listing more than one alternate beneficiary.
There is more than one way to transfer property to several persons.)
If my primary beneficiary does not survive me, I designate the
following alternate beneficiary if that beneficiary survives me:
Printed name Mailing address, if available
Marital status
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.
AUTHORITY OF DESIGNATED AGENT TO REVOKE THIS DEED
I authorize the following designated agent to revoke this deed
before my death:
Printed name Mailing address
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
Signature Date
Signature Date
ACKNOWLEDGMENT
State of Judicial District (or County of or Municipality of )
The foregoing instrument was acknowledged before me this (date) by
(name of person who acknowledged).
Signature of Person Taking
Acknowledgment
Title or Rank
Serial Number, if any
(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.
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 recording district 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 in the recording district 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 in the recording district where the
property is located. Follow the instructions given by the recorder to
make the form part of the official property records. If the property is
in more than one recording district, you should record the deed in each
recording district.
Can I later revoke the TOD deed if I change my mind? Yes. You can
revoke the TOD deed. Except for a court, 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 recording district where the
property is located. (2) Complete and acknowledge a new TOD deed that
disposes of the same property, and record it in each recording district
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.
Section: Previous 13.48.050 13.48.060 13.48.070 13.48.080 13.48.090 13.48.100 13.48.110 13.48.120 13.48.130 13.48.140 13.48.150 13.48.160 13.48.190 13.48.195 NextLast modified: November 15, 2016