Effective April 27, 2024, a new law updates and clarifies the transfer on death deed law and creates a requirement that insurers provide 30 days of coverage for properties with a transfer on death deed if they have been notified that the deed exists to allow the beneficiary to obtain insurance.
Using a transfer on death deed, the parents can achieve their goals without exposing themselves to the risks associated with a quit claim deed. Transfer on death deeds are appropriate for people who do not have other property that will need to go through the probate process.
Recording requirements and authorization. A transfer on death deed is valid if the deed is recorded in a county in which at least a part of the real property described in the deed is located and is recorded before the death of the grantor owner upon whose death the conveyance or transfer is effective.
Complete and record a statutory revocation form (subd. 25). This is the source for the general revocation form. The statute states that a transfer on death deed "may be revoked at any time by the grantor owner or, if there is more than one grantor owner, by any of the grantor owners.
Recording requirements and authorization. A transfer on death deed is valid if the deed is recorded in a county in which at least a part of the real property described in the deed is located and is recorded before the death of the grantor owner upon whose death the conveyance or transfer is effective.
Potential for Disputes: Disputes among beneficiaries or challenges to the validity of the TOD deed can arise. Ambiguities in the deed, conflicting claims from heirs, or allegations of undue influence can result in legal disputes, delaying the process and undermining the intended efficiency of TOD deeds.