Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF CONNECTICUT

Pursuant to Conn. Gen. Stat. §§ 45a-468a to 45a-468s (Uniform Real Property Transfer on Death Act)

Table of Contents

1. Caption and Title
2. Transferor Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Connecticut-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

TRANSFER-ON-DEATH DEED
(Connecticut Uniform Real Property Transfer on Death Act — Conn. Gen. Stat. §§ 45a-468a et seq.)

2. Transferor Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Transferor:

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is located in the Town of [________________________________], County of [________________________________], State of Connecticut, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Street Address:
[________________________________], Connecticut [____]

Volume/Page (Town Records): Vol. [____], Page [____]

Map/Block/Lot (if applicable): [________________________________]

5. Transfer-on-Death Designation

The Transferor hereby designates that upon the Transferor's death, the above-described real property shall transfer to the Designated Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Transferor. The Transferor retains full ownership, control, and all rights in the property during lifetime.

2. Nontestamentary: This deed is nontestamentary and is not subject to the requirements for a will under Connecticut law.

3. No Present Interest: The Designated Beneficiary(ies) acquire(s) no present interest, legal or equitable, in the property during the Transferor's lifetime.

4. Statutory Authority: This deed is executed pursuant to Conn. Gen. Stat. §§ 45a-468a et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

Pursuant to the Uniform Real Property Transfer on Death Act as adopted in Connecticut, this deed is revocable even if the deed or any other instrument contains a contrary provision.

The Transferor may revoke this deed by:

☐ Recording a subsequent Transfer-on-Death Deed for the same property
☐ Recording an instrument of revocation that expressly revokes this deed
☐ Recording an inter vivos deed that expressly revokes this TOD deed

Requirements for Revocation:

• The revoking instrument must be acknowledged by the Transferor after the acknowledgment of this deed
• The revoking instrument must be recorded in the town clerk's office before the Transferor's death
• Revocation by will is not effective

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, lien, or encumbrance on the property
• Any secured creditor's rights
• The Transferor's right to sell, mortgage, lease, or otherwise dispose of the property
• Other methods of transferring property at death

The Beneficiary(ies) take(s) the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the Transferor's death.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries shall take the property as tenants in common in the shares specified in Section 3.
☐ Joint Tenants: Beneficiaries shall take the property as joint tenants with right of survivorship.

If a designated beneficiary predeceases the Transferor:
☐ The predeceased beneficiary's share passes to the alternate/contingent beneficiary.
☐ The predeceased beneficiary's share is divided among the surviving beneficiaries.
☐ The predeceased beneficiary's share lapses.

9. Signature and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF CONNECTICUT
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned officer, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand.

_____________________________________________
Commissioner of the Superior Court / Notary Public
My Commission Expires: [__/__/____]

[SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded in the office of the town clerk of the town where the property is located before the Transferor's death
☐ An unrecorded TOD deed is not effective
☐ Recording fees per the town clerk's schedule apply

Upon the Transferor's Death:

The beneficiary should record or present:
☐ Certified copy of the Transferor's death certificate
☐ Affidavit of survivorship or heirship (as appropriate)
☐ Connecticut real estate conveyance tax return (Form OP-236), if applicable

11. Connecticut-Specific Notes

Creditor Claims and Probate Estate

If the Transferor's probate estate is insufficient to satisfy allowed claims, statutory allowances, and expenses of administration, property transferred by TOD deed may be subject to claims from the probate estate. A proceeding to enforce such claims must be commenced within 18 months of the Transferor's death.

Connecticut Estate Tax

Connecticut imposes its own estate tax with an exemption threshold. Property passing by TOD deed is included in the Transferor's taxable estate for Connecticut estate tax purposes. The current exemption amount should be confirmed at the time of transfer.

No Community Property

Connecticut is not a community property state. However, Connecticut recognizes spousal elective share rights that may affect the ultimate distribution of property transferred by TOD deed.

Municipal Conveyance Tax

Connecticut municipalities may impose a real estate conveyance tax on transfers of real property. The applicability of the conveyance tax to TOD deed transfers upon the Transferor's death should be confirmed with the town assessor.

Medicaid Estate Recovery

The State of Connecticut may pursue Medicaid estate recovery against property transferred by TOD deed. Transferors who have received or anticipate receiving Medicaid benefits should consult an elder law attorney.

Town-Based Recording System

Connecticut uses a town-based recording system rather than a county-based system. The deed must be recorded in the correct town clerk's office for the town where the property is located.

12. Sources and References

• Conn. Gen. Stat. §§ 45a-468a to 45a-468s — Uniform Real Property Transfer on Death Act
• Conn. Gen. Stat. § 45a-436 — Probate Court Jurisdiction
• Conn. Gen. Stat. § 12-391 — Connecticut Estate Tax
• Uniform Real Property Transfer on Death Act (Uniform Law Commission, 2009)

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Connecticut attorney before executing any transfer-on-death deed.