Transfer-on-Death Deed

TRANSFER ON DEATH DEED

State of New Hampshire

Pursuant to RSA 563-D (Uniform Real Property Transfer on Death Act)

NOTICE: THIS DEED DOES NOT TRANSFER OWNERSHIP UNTIL THE DEATH OF THE TRANSFEROR. THE TRANSFEROR RETAINS FULL POWER OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, MORTGAGE, ENCUMBER, OR REVOKE THIS DEED.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

TABLE OF CONTENTS

1. Transferor Information
2. Property Description
3. Transfer on Death Designation
4. Retained Rights During Lifetime
5. Revocation
6. Effect at Transferor's Death
7. Recording Requirements
8. Execution
9. Important Notices

ARTICLE I -- TRANSFEROR INFORMATION

Date of Execution: [__/__/____]

Transferor Name: [________________________________]

Transferor Date of Birth: [__/__/____]

Transferor Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Transferor Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Co-Transferor (if jointly owned):

Co-Transferor Name: [________________________________]

Co-Transferor Date of Birth: [__/__/____]

ARTICLE II -- PROPERTY DESCRIPTION

The Transferor hereby makes this Transfer on Death Deed covering the following described real property located in the Town/City of [________________________________], County of [________________________________], State of New Hampshire:

Property Street Address:
[________________________________]

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

ARTICLE III -- TRANSFER ON DEATH DESIGNATION

Pursuant to RSA 563-D:5, the Transferor hereby transfers to the designated beneficiary(ies) listed below all of the Transferor's interest in the above-described real property, effective only upon the death of the Transferor:

Section 3.1 -- Primary Designated Beneficiary(ies)

Total percentage must equal 100%.

Section 3.2 -- Alternate (Contingent) Beneficiary(ies)

If any primary designated beneficiary does not survive the Transferor, the deceased beneficiary's share shall pass to:

Section 3.3 -- Co-Ownership Among Multiple Beneficiaries

☐ Tenants in Common -- Each beneficiary receives an undivided fractional interest as specified above.
☐ Joint Tenants with Right of Survivorship -- All beneficiaries hold equal shares with survivorship rights.

ARTICLE IV -- RETAINED RIGHTS DURING LIFETIME

Pursuant to RSA 563-D:12, this Transfer on Death Deed does not:

1. Transfer any present interest in the property during the Transferor's lifetime;
2. Affect the Transferor's right to sell, convey, mortgage, encumber, lease, or dispose of the property;
3. Affect the Transferor's right to revoke this Deed at any time;
4. Create any legal or equitable interest in the designated beneficiary during the Transferor's lifetime;
5. Affect the Transferor's eligibility for any form of public assistance;
6. Subject the property to claims or process of a creditor of the designated beneficiary.

ARTICLE V -- REVOCATION

Section 5.1 -- Right to Revoke

Pursuant to RSA 563-D:6, this Deed is revocable at any time during the Transferor's lifetime, even if the Deed states otherwise.

Section 5.2 -- Methods of Revocation (RSA 563-D:11)

This Deed may be revoked by recording one of the following:

1. A new Transfer on Death Deed that revokes this Deed expressly or by inconsistency;
2. An instrument of revocation that expressly revokes this Deed; or
3. An inter vivos deed that expressly revokes this Deed.

The revoking instrument must be acknowledged and recorded before the Transferor's death.

Section 5.3 -- Ineffective Methods

This Deed is NOT revoked by:

• A provision in a will or codicil;
• A revocatory act on the deed (e.g., destruction or alteration);
• An unrecorded instrument of revocation.

ARTICLE VI -- EFFECT AT TRANSFEROR'S DEATH

Pursuant to RSA 563-D:13, upon the Transferor's death:

1. The interest in the property is transferred to the designated beneficiary(ies);
2. The transfer is subject to all conveyances, encumbrances, liens, and other interests recorded before the Transferor's death;
3. The designated beneficiary is liable for allowed claims against the Transferor's estate if the probate estate is insufficient (RSA 563-D:16).

ARTICLE VII -- RECORDING REQUIREMENTS

Section 7.1 -- Mandatory Recording Before Death

Pursuant to RSA 563-D:9, this Deed must be recorded by the earlier of: (a) 60 days from the date of execution, or (b) the Transferor's death, in the Registry of Deeds for the county in which the property is located. An unrecorded deed is void.

Section 7.2 -- After Death Filing (RSA 563-D:22)

Upon the Transferor's death, the beneficiary must record a Notice of Death Affidavit within 60 days, together with:

1. A certified copy of the Transferor's death certificate;
2. The affidavit prescribed under RSA 563-D:22.

This deed is exempt from real estate transfer tax as a revocable transfer on death deed for no consideration pursuant to RSA 78-B:2, XXV.

ARTICLE VIII -- EXECUTION

I, the undersigned Transferor, declare that I am executing this Transfer on Death Deed voluntarily, that I have the capacity required under RSA 563-D:8 (the same capacity required to make a will), and that I understand this Deed will transfer my interest in the above-described property to the designated beneficiary(ies) upon my death.

Transferor Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Transferor Signature (if applicable): ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Notary Acknowledgment

STATE OF NEW HAMPSHIRE
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________] (and [________________________________], if applicable), known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same voluntarily for the purposes therein set forth.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE IX -- IMPORTANT NOTICES

Notice to Transferor

1. This Deed must be recorded within 60 days of execution, or before your death, whichever is earlier, or it has no effect.
2. This Deed does not transfer any interest during your lifetime.
3. You may revoke this Deed at any time by recording a proper revocation instrument.
4. A will does not revoke this Deed. This Deed controls over conflicting will provisions regarding this property.
5. Divorce automatically revokes a beneficiary designation of your former spouse.
6. Consult an attorney regarding New Hampshire estate tax implications and creditor claims.

Notice to Beneficiary

1. You have no rights to the property during the Transferor's lifetime.
2. The Transferor may sell, mortgage, or revoke this Deed without your knowledge or consent.
3. Upon the Transferor's death, you must record a Notice of Death Affidavit within 60 days.
4. You may be liable for claims against the Transferor's estate if the probate estate is insufficient.

CHECKLIST FOR COMPLETION

☐ All Transferor information completed in Article I
☐ Full legal description of property included in Article II (street address alone is NOT sufficient)
☐ At least one primary beneficiary designated in Article III
☐ Alternate beneficiaries designated (recommended)
☐ Form of co-ownership selected if multiple beneficiaries
☐ Deed signed by Transferor before a Notary Public
☐ Notary acknowledgment completed with seal
☐ Deed recorded within 60 days of execution at County Registry of Deeds
☐ Copy retained by Transferor for personal records
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• New Hampshire Uniform Real Property Transfer on Death Act, RSA 563-D:1 to 563-D:22
• RSA 563-D:5 -- Transfer on Death Deed Authorized
• RSA 563-D:9 -- Requirements (60-day recording deadline)
• RSA 563-D:11 -- Revocation by Instrument
• RSA 563-D:12 -- Effect During Transferor's Life
• RSA 563-D:13 -- Effect at Transferor's Death
• RSA 563-D:19 -- Optional Form of Transfer on Death Deed
• RSA 563-D:22 -- Notice of Death Affidavit
• RSA 477:3 -- Deed Execution Requirements
• RSA 78-B:2, XXV -- Transfer Tax Exemption
• Uniform Real Property Transfer on Death Act (2009), Uniform Law Commission