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Arkansas Beneficiary or Transfer on Death Deed or TOD - Husband and...

Arkansas Beneficiary Deed Form With Property

Q: How do I get the deed to my deceased parent&#039;s house?

To obtain the deed to your deceased parent&#039;s house, you typically need to request the original document from the county clerk where the property is located. If there is an Arkansas beneficiary deed form with property that was executed during their lifetime, that deed will streamline the transfer process. You may also need to consult with an estate attorney to ensure all necessary legal steps are followed, especially if there are multiple heirs.

Category:

Real Estate - Deeds - Transfer on Death

State:

Arkansas

Control #:

AR-04-84

Format:

Instant download

Description

The Arkansas Beneficiary Deed Form with Property allows property owners to designate beneficiaries who will receive the property upon the owner's death, avoiding probate. This deed can be executed by individuals or married couples and provides options for how to hold the property, including Tenants in Common, Joint Tenants with Right of Survivorship, and Tenants by the Entirety. Key features of the form include the option for property description, and a clear process for filling it out using form fields in digital formats. It's important for users to understand that the deed must be recorded prior to the death of the last surviving grantor to be effective. The form also offers disclaimers stating that it does not provide legal advice, and users should consult an attorney for serious legal issues. For the target audience, which includes attorneys, partners, owners, associates, paralegals, and legal assistants, this form is essential for estate planning as it facilitates the transfer of property while ensuring that recipients can inherit without the complexity of probate proceedings.

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How to fill out Arkansas Beneficiary Or Transfer On Death Deed Or TOD - Husband And Wife Or Two Individuals To Husband And Wife Or Two Individuals?

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FAQ

To obtain the deed to your deceased parent's house, you typically need to request the original document from the county clerk where the property is located. If there is an Arkansas beneficiary deed form with property that was executed during their lifetime, that deed will streamline the transfer process. You may also need to consult with an estate attorney to ensure all necessary legal steps are followed, especially if there are multiple heirs.

Hague Convention on Foreign Judgments in Civil and Commercial Matters. The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters is a multilateral treaty governing the enforcement of judgments entered by one nation's legal authorities in other signatory nations.

Rule 3-535. REVISORY POWER (a) Generally On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534.

The Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJA 1933) applies to judgments from courts in Australia, Canada (except Nunavut and Quebec), Guernsey, India, the Isle of Man, Israel, Jersey and Pakistan.

The only U.S. states which have not adopted the Uniform Enforcement of Foreign Judgments Act are California and Vermont.

Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

To record a final judgment from another state, you need a certified copy of the judgment from the jurisdiction where it was entered. You can then file the certified copy in any county in Maryland, after giving proper notice to the debtor, and it becomes a valid judgment ripe for collection here.

The United States has a longstanding practice of exerting frequent long-arm jurisdiction over other countries, including both its allies and countries with which it has hostile or strained relations.

Rule 2?611(a) contains the procedure for confessing judgment. Confession of judgment is not a judicial act, but rather the pro forma entry of a judgment by the clerk of the circuit court.

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Beneficiary or Transfer on Death Deed or TOD - Husband and Wife or Two Individuals to Husband and Wife or Two Individuals

Title 18. Property.
Subtitle 2. Real Property
Chapter 12. Conveyances.
Subchapter 1. General Provisions.

18-12-608. Beneficiary deeds Terms Recording required. (Amended March 9, 2007 by Act 243)

(a)(1)(A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner.

(B)(i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to:

(a) All conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed; and
(b) A claim for reimbursement of federal or state benefits by the Department of Health and Human Services from the estate of the grantor or the interest acquired by a grantee of the beneficiary deed under Section 20-76-436.

(ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.

(2)(A) The owner may designate multiple grantees under a beneficiary deed.

(B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state.

(3)(A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed.

(B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed.

(b)(1) If real property is owned as a tenancy by the entirety or as a joint tenancy with the right of survivorship, a beneficiary deed that conveys an interest in the real property to a grantee designated by all of the then surviving owners and that expressly states the beneficiary deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee effective upon the death of the last surviving owner.

(2)(A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed.

(B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid.

(c)(1) A beneficiary deed is valid only if the beneficiary deed is recorded before the death of the owner or the last surviving owner as provided by law in the office of the county recorder of the county in which the real property is located.

(2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable, and may include one (1) or more unnamed successor trustees as successor grantees.

(d)(1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed.

(2) To be effective, the revocation shall be:

(A) Executed before the death of the owner who executes the revocation; and
(B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law.

(3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner.
(4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will.

(e) If an owner executes more than one (1) beneficiary deed concerning the same real property, the recorded beneficiary deed that is last signed before the owner's death is the effective beneficiary deed, regardless of the sequence of recording.

(f)(1)This section does not prohibit other methods of conveying real property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner.

(2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

(g) A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form:

"Beneficiary Deed

CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.

KNOW ALL PERSONS BY THESE PRESENTS THAT:

For a non-monetary, intangible consideration, of value to the Grantor, I (we) hereby convey to ____________ (grantee) effective on my (our) death the following described real property:

(Legal description)

________________________________

(Signature of grantor(s))

(acknowledgment)."

(h) The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form:

"Revocation of Beneficiary Deed

CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.

The undersigned hereby revokes the beneficiary deed recorded on ____________ (date), in docket or book ____________ at page ______, or instrument number ______, records of ____________ County, Arkansas.

Dated: ____________

_____________________

Signature

(acknowledgment)."

Beneficiary or Transfer on Death Deed or TOD - Husband and Wife or Two Individuals to Husband and Wife or Two Individuals

Title 18. Property.
Subtitle 2. Real Property
Chapter 12. Conveyances.
Subchapter 1. General Provisions.

18-12-608. Beneficiary deeds Terms Recording required. (Amended March 9, 2007 by Act 243)

(B)(i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to:

(a) All conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed; and
(b) A claim for reimbursement of federal or state benefits by the Department of Health and Human Services from the estate of the grantor or the interest acquired by a grantee of the beneficiary deed under Section 20-76-436.

(ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.

(2)(A) The owner may designate multiple grantees under a beneficiary deed.

(B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state.

(3)(A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed.

(B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed.

(2)(A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed.

(B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid.

(2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable, and may include one (1) or more unnamed successor trustees as successor grantees.

(d)(1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed.

(2) To be effective, the revocation shall be:

(A) Executed before the death of the owner who executes the revocation; and
(B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law.

(3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner.
(4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will.

(2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

(g) A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form:

"Beneficiary Deed

CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.

KNOW ALL PERSONS BY THESE PRESENTS THAT:

For a non-monetary, intangible consideration, of value to the Grantor, I (we) hereby convey to ____________ (grantee) effective on my (our) death the following described real property:

(Legal description)

________________________________

(Signature of grantor(s))

(acknowledgment)."

(h) The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form:

"Revocation of Beneficiary Deed

CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.

The undersigned hereby revokes the beneficiary deed recorded on ____________ (date), in docket or book ____________ at page ______, or instrument number ______, records of ____________ County, Arkansas.

Dated: ____________

_____________________

Signature

(acknowledgment)."

Arkansas Beneficiary Deed Form With Property

Description

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How to fill out Arkansas Beneficiary Or Transfer On Death Deed Or TOD - Husband And Wife Or Two Individuals To Husband And Wife Or Two Individuals?

Form popularity

FAQ

How do I get the deed to my deceased parent's house?

What is the Treaty on Recognition of Foreign Judgements?

What is the rule 3 535 in Maryland?

What countries are covered by the Foreign Judgments Reciprocal Enforcement Act 1933?

Which states have not adopted the Uniform Enforcement of Foreign Judgments Act?

Does the US recognize foreign judgments?

How do I file a foreign Judgement in Maryland?

Do US courts have jurisdiction in foreign countries?

What is the rule 2 611 in Maryland?

Trusted and secure by over 3 million people of the world’s leading companies

Arkansas Beneficiary Deed Form With Property

Description

Related forms

Viewed forms

How to fill out Arkansas Beneficiary Or Transfer On Death Deed Or TOD - Husband And Wife Or Two Individuals To Husband And Wife Or Two Individuals?

Form popularity

FAQ

How do I get the deed to my deceased parent's house?

What is the Treaty on Recognition of Foreign Judgements?

What is the rule 3 535 in Maryland?

What countries are covered by the Foreign Judgments Reciprocal Enforcement Act 1933?

Which states have not adopted the Uniform Enforcement of Foreign Judgments Act?

Does the US recognize foreign judgments?

How do I file a foreign Judgement in Maryland?

Do US courts have jurisdiction in foreign countries?

What is the rule 2 611 in Maryland?

Arkansas Beneficiary Deed Form With Property Related Searches

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