A. Subject to Subsection B of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

1. (1) is acknowledged by the transferor after the acknowledgment of the deed being revoked;
2. (2) is recorded before the transferor's death in the public records in the office of the county clerk for the county in which the deed is recorded; and

3. (3) is:

   1. (a) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
   2. (b) an instrument of revocation that expressly revokes the deed or part of the deed; or

   3. (c) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed.

      B. If a transfer on death deed is made by more than one transferor:

4. (1) revocation by a transferor does not affect the deed as to the interest of another transferor; and

5. (2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.

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

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

History: 1978 Comp., § 45-6-411, enacted by Laws 2013, ch. 38, § 11.

ANNOTATIONS

Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 11 was effective January 1, 2014.