Alabama Transfer On Death Deed With Mortgage Owed
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FAQ
Transfer-on-Death deeds also do not allow for naming a contingent beneficiary on the deed like a trust document that owns the property does. Secondly, if the intended beneficiary is a minor, the minor would not be able to manage or transfer the property until they reach the age of 18.
While naming a TOD beneficiary can help your heirs avoid the probate process, it doesn't confer any tax benefit. It doesn't help you to avoid estate taxes, and your heirs will still have to pay income tax on the earnings of a certificate of deposit (CD) after you pass away.
To transfer ownership from the deceased owner, the surviving owner must bring in the original title and original death certificate of deceased owner for transfer of title. If the names are joined on the title with ?and? or nothing separating the names, it is presumed by the state to be ?AND?.
If transfer involves a deceased owner and owner's estate has not and will not be probated, then the individual signing on behalf of deceased owner's estate must provide a Next of Kin Affidavit (MVT 5-6) and a copy of the deceased owner's death certificate. See Administrative Rule: 810-5-75-.
Unlike some states, Alabama does not currently allow the use of TOD deeds for real estate. Instead, other instruments such as joint tenancy or revocable living trusts are typically used to avoid probate when transferring real estate upon death.