1. A. An interest in real estate may be titled in transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest. The deed shall transfer ownership of the interest upon the death of the owner. A transfer-on-death deed need not be supported by consideration.
2. B. The signature, consent or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.

3. C. To accept real estate pursuant to a transfer-on-death deed, a designated grantee beneficiary shall execute a notarized affidavit affirming:

   1. 1. Verification of the record owner’s death;
   2. 2. Whether the record owner and the designated beneficiary were married at the time of the record owner’s death; and

   3. 3. A legal description of the real estate.

      If the grantee beneficiary was not the record owner’s spouse, he or she shall attach a copy of the record owner’s death certificate and an estate tax release to the beneficiary affidavit. The beneficiary shall record the affidavit and related documents with the office of the county clerk where the real estate is located.

Laws 2008, HB 2639, c. 78, § 2, eff. November 1, 2008; Amended by Laws 2010, SB 2270, c. 205, § 1, eff. November 1, 2010 (superseded document available).