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Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
After the Grantor dies, an affidavit of death and a certified copy of the Grantor's death certificate should be filed in the county clerk's office of the county where the deed was recorded. This creates a link in the chain of title to show that the beneficiary is now the owner of the property.
In a joint tenancy, when one owner dies, their share of the property passes to the decedent's heirs or the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, their share of the property goes to the other owners.
You can use a Transfer on Death Deed to give your home to someone after you die. Although you make it before you die, it is not a will. Usually, a willed property must go through probate court before it goes to your heirs.
You do not need a TOD deed. Your spouse will automatically own the entire property at your death, and vice versa. You and your spouse can make a TOD deed together, but it would not have any effect until both you and your spouse have died.