Requirements
- Notary: Required.[1]
- Witnesses: Not required.[1]
- Recording: Must be recorded prior to the property owner’s death and fewer than 60 days from the time the deed is signed and notarized and with the recorder for the county in which the property lies.[2]
- Executing: The recording of the transfer of ownership occurs automatically at the property owner’s death.[3]
Legal Description
A transfer on death deed must include a legal description of the real property, which provides an exact description of land or interest being conveyed including encumbrances, reservations, and exceptions. A street address by itself is not sufficient.
The legal description for a property can be found on a current deed or obtained through the county recorder’s office.
Revocation
A transfer on death deed may be revoked or changed by recording a new deed that either expressly revokes the previous one or contains amendments that supersede the previous one.[4]
For the revocation to be effective, it must be recorded before the earlier of 1) the owner’s death; and 2) 60 days after it is executed.[5]