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Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.

To get title to the property after your death, the beneficiary must take a few administrative steps. The beneficiary can call the county clerk, circuit clerk, or recorder's office for details, but the process will likely require recording a certified copy of the death certificate. No probate is necessary.

If the deceased person filed a transfer-on-death deed, that deed will specify the new owner of the property. The new owner will usually have to complete a little paperwork, often by filing an affidavit (a simple sworn statement) and a copy of the death certificate with the county's land records office.

There are many uses for a quitclaim deed, but one of the most common is to convey ownership between people who are related, like spouses, parents or other family members.

Arkansas allows you to leave real estate with transfer-on-death deeds. These deeds are also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death.

When a property owner dies in Arkansas, much of their property (real and personal), known as their estate1, must go through a legal process called probate. However, even with real estate, there are some options such as benefi- ciary deeds, joint tenancy with right of survivorship and other options to avoid probate.

In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called "dower and curtesy." Briefly, this is how it works: If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate.

This deed must be signed, notarized, and recorded in the county where the property is located.

To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Once a deed is recorded it cannot be changed.