When you die, this deed transfers the described real 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.
No. Before death, the property owner must record the TOD deed at the recorder’s office in the recording district where the property is located. After the person’s death. the property with the TOD deed does not need to go through probate in court because the title will automatically transfer to the person named in the TOD deed.
However, if the person’s estate had other real property or personal property that did not automatically transfer title upon death, that property may need to be probated in court.
Complete the:
Sign the deed in front of 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.
Yes.
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 sure, consult a lawyer.
Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the 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.
Yes. You can revoke the TOD deed. Except for a court, no one, including the beneficiaries, can prevent you from revoking the deed.
There are three ways to revoke a recorded TOD deed:
Do not complete this form under pressure. Seek help from a trusted family member, friend, or talk to a lawyer.
No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.
If the real property had a TOD deed recorded before the person died, it will transfer to the beneficiaries named in the deed and is not included in the probate of the estate. However, other property owned by the person who died which does not pass automatically to a survivor must go through probate.
This form is designed to fit some but not all situations. If you have other questions, should talk to a lawyer.
| Rev. 21 July 2014 © Alaska Court System www.courts.alaska.gov Contact Us |
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