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NC S160
Bill
AI Summary
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Enacts the Uniform Real Property Transfer on Death Act, allowing individuals to transfer real property to designated beneficiaries effective upon the transferor's death through a transfer on death deed.
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Transfer on death deeds must contain essential elements of a recordable inter vivos deed, include a statement that transfer occurs at the transferor's death, and be recorded before the transferor's death; deeds are revocable at any time and do not require beneficiary notice, delivery, acceptance, or consideration.
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During the transferor's life, the deed does not affect the transferor's property rights, beneficiary interests, or creditor claims; upon death, property transfers to designated beneficiaries subject to all existing encumbrances, mortgages, and liens.
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Allows revocation by subsequent transfer on death deed, express revocation instrument, or inter vivos deed that transfers property inconsistently with the prior transfer on death deed, all of which must be acknowledged and recorded.
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Authorizes vehicle owners to designate a beneficiary for transfer of title upon death by including "transfer on death to" or "TOD" designation on the vehicle certificate of title, subject to lienholders' rights and requiring all joint owners' signatures if jointly owned.
Legislative Description
Transfer on Death Deeds
Death & Dying; Deeds; Estates; Motor Vehicles; Property; Public; Real Estate; Titles; Transportation; Records
Last Action
Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
2/27/2023