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MS SB2736

Bill

Status

Failed

2/23/2016

Primary Sponsor

Gray Tollison

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Creates the Uniform Real Property Transfer on Death Act, allowing individuals to designate beneficiaries to receive real property in Mississippi effective upon the transferor's death.

  • Requires transfer-on-death deeds to contain essential elements of a recordable deed, state that transfer occurs at death, and be recorded before the transferor's death in the county where the property is located.

  • Makes transfer-on-death deeds revocable, nontestamentary, and effective without notice, delivery, acceptance, or consideration to the beneficiary during the transferor's life.

  • Provides that during the transferor's life, the deed does not affect ownership rights, creditor claims, or public assistance eligibility; upon death, beneficiaries receive property subject to all existing encumbrances and must survive the transferor.

  • Allows the probate estate to enforce liability against transfer-on-death deed property to satisfy creditor claims and statutory allowances if the probate estate is insufficient, with proceedings limited to 18 months after death.

Legislative Description

Transfer on Death Act; create.

Last Action

Died In Committee

2/23/2016

Committee Referrals

Judiciary, Division A2/8/2016

Full Bill Text

No bill text available