To be considered valid, the deed must be executed, acknowledged, and recorded with the local county clerk’s office. The beneficiary must file a death certificate with the clerk within four months of the owner’s death to collect the property.
- Statutes: REAL PROPERTY (§§ 38-30-101 — 38-46-104), TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-404 to 15-15-415)
- Formatting: § 30-10-406(3)(a), § 15-15-404(1)
- Signing Requirements (§ 38-30-126(1) & 38-35-103): Must be acknowledged before an officer as listed in § 38-30-126(1).
- Where to record (§ 38-35-106(1)): County Clerk’s Office
- Recording fees (§ 30-1-103(1), § 30-10-421(1) & § 24-21-403(2)): $10 for the first page, $5 for each additional page + $3 surcharge
Related Forms (1)
Revocation of Transfer on Death Deed – This document revokes the recorded beneficiary deed.
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