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Transfer on Death Deed (Beneficiary Deed) Template
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Transfer on Death Deed (Beneficiary Deed) Template
This Transfer on Death Deed (Beneficiary Deed) (“Deed”) is made on [Date] by:
Owner / Transferor: [Full Legal Name]
Address: [Address]
Email: [Email]
Phone: [Phone Number]
and designates the following beneficiary:
Grantee Beneficiary: [Full Legal Name]
Address: [Address]
Email: [Email]
Phone: [Phone Number]
1. Transfer on Death Designation
The Owner transfers on death to the Grantee Beneficiary the real property described in this Deed.
This Deed is intended to take effect only on the death of the Owner, subject to applicable state law and proper recording requirements.
2. Property Description
The real property covered by this Deed is located at:
Property Address: [Property Address]
Legal Description:
[Full Legal Description of Property]
Parcel Number / Tax ID: [Parcel Number, if applicable]
3. Nature of Transfer
This Deed does not transfer present ownership to the Grantee Beneficiary during the Owner’s lifetime.
During the Owner’s lifetime, the Owner reserves all rights in the property, including the right to:
sell, transfer, or convey the property;
mortgage, lease, or otherwise encumber the property;
revoke or replace this Deed to the extent allowed by law;
retain full possession, control, and use of the property.
4. Interest Transferred at Death
On the Owner’s death, the Grantee Beneficiary will receive only the interest in the property owned by the Owner at the time of death.
The property will pass subject to any mortgages, liens, easements, leases, encumbrances, contracts, or other interests affecting the property at the Owner’s death.
5. Beneficiary Designation
The primary Grantee Beneficiary is:
[Full Name of Primary Beneficiary]
If the primary Grantee Beneficiary does not survive the Owner, the property will be handled as follows:
☐ pass to the following alternate beneficiary: [Full Name]
☐ pass equally to the following alternate beneficiaries: [Name(s)]
☐ lapse and pass according to applicable law
☐ other: [Terms]
If more than one beneficiary is named and more than one survives the Owner, their shares will be:
☐ equal shares
☐ as follows: [Percentages or Shares]
☐ with right of survivorship, if allowed by applicable law
☐ without right of survivorship, if allowed by applicable law
6. Joint Ownership Provision
If the property is owned by more than one current owner, this Deed applies only to the interest of the signing Owner unless otherwise stated here:
[Describe joint tenancy, tenancy in common, community property interest, or other ownership details]
If additional current owners must sign for this Deed to be effective under applicable law, those owners should also execute this Deed.
7. Revocation and Changes
The Owner intends this Deed to be revocable to the extent permitted by applicable law.
The Owner understands that revocation or replacement may require a later recorded instrument or a later properly recorded transfer on death deed, depending on state law.
8. Prior Beneficiary Deeds
This Deed:
☐ revokes all prior transfer on death deeds or beneficiary deeds made by this Owner for this property
☐ does not revoke prior deed(s), except to the extent inconsistent
☐ other: [Terms]
9. Owner’s Statement
The Owner states that the Owner has the authority to execute this Deed and to designate the above beneficiary for the property interest described here.
The Owner intends this Deed to operate as a non-probate transfer effective at death, only to the extent permitted by applicable law.
10. Governing Law
This Deed will be governed by the laws of [State], including the laws that apply to transfer on death deeds, beneficiary deeds, recording, and real property transfers.
11. Signatures
Owner / Transferor
Signature: __________________________
Name: [Full Legal Name]
Date: [Date]
Additional Owner / Transferor (if applicable)
Signature: __________________________
Name: [Full Legal Name]
Date: [Date]
Witnesses
Witness 1 (if required by applicable law)
Signature: __________________________
Name: [Full Name]
Address: [Address]
Date: [Date]
Witness 2 (if required by applicable law)
Signature: __________________________
Name: [Full Name]
Address: [Address]
Date: [Date]
Notary
State of [State]
County of [County]
On [Date], before me, the undersigned notary public, personally appeared [Name of Owner / Transferor], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it for the purposes stated in it.
Notary Public Signature: __________________________
Name of Notary Public: [Full Name]
My Commission Expires: [Date]
Notary Seal: __________________________
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Transfer on Death Deed (Beneficiary Deed) Template
TRANSFER ON DEATH DEED (BENEFICIARY DEED) TEMPLATE FAQ
What is a transfer on death deed?
A transfer on death deed, also called a beneficiary deed in some states, is a deed that names who should receive real property when the owner dies. In states that authorize it, the transfer becomes effective at death rather than immediately, and the beneficiary generally does not need to sign or consent during the owner’s lifetime.
Why do you need a transfer on death deed?
You may use a transfer on death deed to pass real estate outside of probate while keeping full control of the property during your lifetime. Statutes authorizing these deeds generally make them revocable during life and allow the owner to keep the power to transfer, mortgage, or otherwise deal with the property before death.
When should you use a transfer on death deed?
Use this deed when you own real estate and want a named beneficiary to receive it automatically at your death, but only if your state recognizes this type of deed and you can meet that state’s execution and recording rules. State statutes commonly require the deed to be signed, acknowledged, and recorded in the county where the property is located before the owner dies.
How to write a transfer on death deed?
Start by identifying the owner, the beneficiary, and the full legal description of the property. The deed should clearly state that the transfer is effective on death, reserve the owner’s rights during life, and include recording-ready signature and acknowledgment blocks. It is also smart to address alternate beneficiaries, joint ownership, and the fact that the beneficiary takes subject to liens, mortgages, and other lifetime transfers affecting the property.
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