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HI SB2799

Bill

Status

Engrossed

3/2/2010

Primary Sponsor

Brian Taniguchi

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Adopts the Uniform Real Property Transfer on Death Act, allowing property owners to designate beneficiaries to receive real property upon death without probate or formal will requirements.

  • Transfer on death deeds must contain essential elements of a recordable deed, state that transfer occurs at the transferor's death, and be recorded or filed before the transferor's death.

  • Transfer on death deeds are revocable, nontestamentary, and have no effect on the transferor's property rights during life—they do not affect creditors, transferee interests, or public assistance eligibility.

  • Upon the transferor's death, designated beneficiaries receive property subject to survival requirements, existing encumbrances, mortgages, liens, and creditor claims; joint owners retain survivorship rights.

  • Beneficiary disclaimers of real property interests must be recorded in the bureau of conveyances or filed with the land court; effective date is July 1, 2050.

Legislative Description

Real Property; Probate

Last Action

(H) The committee(s) recommends that the measure be deferred.

3/16/2010

Committee Referrals

Commerce and Consumer Protection1/27/2010

Full Bill Text

No bill text available