Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED

STATE OF UTAH

TABLE OF CONTENTS

1. Instructions and Important Information
2. Transfer-on-Death Deed Form
3. Acknowledgment
4. Revocation Form
5. Post-Death Recording Requirements
6. Guidance Notes
7. Sources and References

1. INSTRUCTIONS AND IMPORTANT INFORMATION {#1-instructions}

Key Legal Requirements

☐ The deed must contain the essential elements and formalities of a properly recordable inter vivos deed
☐ The deed must state that the transfer to the designated beneficiary occurs at the transferor's death
☐ The deed must be recorded before the transferor's death in the County Recorder's Office where the property is located
☐ The deed must be acknowledged (notarized) to be recordable
☐ Beneficiaries must be named persons — class gifts (e.g., "my children") are not permitted (§ 75-6-409)
☐ The transferor must have the capacity required to make a will

Important Notices

• This deed is revocable at any time during the transferor's lifetime, even if the deed states otherwise (§ 75-6-411).
• This deed is nontestamentary and does not create any present interest in the beneficiary during the transferor's life.
• This deed transfers property without covenant or warranty of title (§ 75-6-413).
• Creditor claims may be enforceable against the property if the probate estate is insufficient, with a 12-month limitation to commence proceedings.
• The beneficiary's interest is contingent on surviving the transferor.

2. TRANSFER-ON-DEATH DEED FORM {#2-deed-form}

TRANSFER-ON-DEATH DEED

Return After Recording To:
[________________________________]
[________________________________]
[________________________________]

Prepared By:
[________________________________]
[________________________________]

Tax Parcel No.: [________________________________]

TRANSFER-ON-DEATH DEED

I (We), [TRANSFEROR FULL LEGAL NAME(S)] ("Transferor(s)"), of [________________________________] (address), County of [________________________________], State of Utah, being the owner(s) of the real property described below, hereby make this Transfer-on-Death Deed pursuant to Utah Code §§ 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act).

Property Description

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

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Common Address (if applicable): [________________________________]

Tax Parcel ID Number: [________________________________]

Beneficiary Designation

THE FOLLOWING BENEFICIARY DESIGNATION IS EFFECTIVE ONLY UPON THE DEATH OF THE TRANSFEROR(S) AND ONLY IF THIS DEED IS RECORDED BEFORE THE TRANSFEROR'S DEATH.

I (We) designate the following named beneficiary(ies) to receive the described property upon my (our) death:

Primary Beneficiary(ies):

Alternate/Successor Beneficiary(ies) (if any primary beneficiary does not survive transferor):

Ownership Status of Transferor(s)

☐ Sole owner
☐ Joint tenants with right of survivorship
☐ Tenants in common (each tenant may execute a separate TOD deed for their interest)

Reservation of Rights

The Transferor(s) reserve(s) all rights during his/her/their lifetime, including but not limited to:

• The right to revoke this deed at any time
• The right to sell, encumber, lease, or otherwise dispose of the property
• The right to exclusive possession, use, and benefit of the property
• All other rights incident to ownership of the property

This deed does not transfer any present interest to the beneficiary(ies). No legal or equitable interest passes to the beneficiary(ies) until the death of the Transferor(s). This deed transfers property without covenant or warranty of title.

Execution

IN WITNESS WHEREOF, the undersigned Transferor(s) have executed this Transfer-on-Death Deed on this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature


_________________________________________
[TRANSFEROR NAME - Print]
Signature

3. ACKNOWLEDGMENT {#3-acknowledgment}

STATE OF UTAH
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned notary public, personally appeared [________________________________], 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.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

4. REVOCATION FORM {#4-revocation}

REVOCATION OF TRANSFER-ON-DEATH DEED

I (We), [TRANSFEROR FULL LEGAL NAME(S)], hereby revoke the Transfer-on-Death Deed recorded on [__/__/____], as Entry Number [________________________________], in the office of the County Recorder of [________________________________] County, Utah, which designated [BENEFICIARY NAME(S)] as beneficiary(ies) of the following real property:

[________________________________]
[________________________________]
[________________________________]

This revocation is made pursuant to Utah Code § 75-6-411.

Executed this [____] day of [________________], 20[____].

_________________________________________
[TRANSFEROR NAME - Print]
Signature

ACKNOWLEDGMENT

STATE OF UTAH
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me personally appeared [________________________________], known to me to be the person(s) who executed the foregoing instrument, and acknowledged that he/she/they executed the same.

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

5. POST-DEATH RECORDING REQUIREMENTS {#5-post-death}

After the transferor's death, the beneficiary should take the following steps:

☐ Obtain a certified copy of the transferor's death certificate
☐ Prepare an affidavit referencing the recorded TOD deed (include recording information, legal description, and confirmation of survivorship)
☐ Record the affidavit and certified death certificate with the County Recorder's Office
☐ Update property tax records with the county assessor
☐ Consult a title company or attorney to confirm clear title

6. GUIDANCE NOTES {#6-guidance}

No Class Gifts

Utah law prohibits class gifts in TOD deeds. Each beneficiary must be individually named. Designations such as "my children," "my heirs," or "my issue" are not valid.

No Warranty of Title

A TOD deed transfers property without covenant or warranty of title. The beneficiary receives the property subject to all existing encumbrances.

Creditor Claims

If the transferor's probate estate is insufficient to pay debts, creditors may enforce claims against the property received by the beneficiary, up to the value of the property. Proceedings must be commenced within 12 months of the transferor's death.

Joint Tenancy Property

If the property is held in joint tenancy, the TOD deed is effective only upon the death of the last surviving joint tenant. Surviving joint tenants take by right of survivorship before the TOD designation takes effect.

Revocability

A TOD deed is always revocable during the transferor's lifetime, even if the deed expressly states it is irrevocable. This is a statutory protection under Utah Code § 75-6-411.

Tax Implications

• Beneficiaries generally receive a stepped-up basis at the transferor's death.
• Utah does not impose a state estate or inheritance tax.
• Consult a tax professional regarding federal estate tax and capital gains implications.

7. SOURCES AND REFERENCES {#7-sources}

• Utah Code §§ 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act)
• Utah Code § 75-6-409 (Requirements for Valid TOD Deed)
• Utah Code § 75-6-411 (Revocability)
• Utah Code § 75-6-413 (Effect at Transferor's Death)
• Utah Code § 75-6-416 (Optional Statutory Form)

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Utah attorney before executing this deed.