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General Assembly Raised Bill No. 5209
February Session, 2020
LCO No. 1334
Referred to Committee on AGING
Introduced by:
(AGE)
AN ACT CONCERNING TH E ADOPTION OF THE UNIFORM REAL
PROPERTY TRANSFER ON DEATH ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2020) The provisions of this 1
section and sections 2 to 19, inclusive, of this act may be cited as the 2
Uniform Real Property Transfer on Death Act. 3
Sec. 2. (NEW) (Effective October 1, 2020) As used in sections 1 to 19, 4
inclusive, of this act: 5
(1) "Beneficiary" means a person that receives property under a 6
transfer on death deed; 7
(2) "Designated beneficiary" means a person designated to receive 8
property in a transfer on death deed; 9
(3) "Joint owner" means an individual who owns property 10
concurrently with one or more other individuals with a right of 11
survivorship. The term includes a joint tenant. The term does not 12
include a tenant in common; 13 Raised Bill No. 5209
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(4) "Person" means an individual, corporation, business trust, estate, 14
trust, partnership, limited liability company, association, joint venture, 15
public corporation, government or governmental subdivision, agency 16
or instrumentality, or any other legal or commercial entity; 17
(5) "Property" means an interest in real property located in this state 18
which is transferable on the death of the owner; 19
(6) "Transfer on death deed" means a deed authorized under sections 20
1 to 19, inclusive, of this act; and 21
(7) "Transferor" means an individual who makes a transfer on death 22
deed. 23
Sec. 3. (NEW) (Effective October 1, 2020) The provisions of sections 1 24
to 19, inclusive, of this act apply to a transfer on death deed made before, 25
on or after October 1, 2020, by a transferor dying on or after October 1, 26
2020. 27
Sec. 4. (NEW) (Effective October 1, 2020) The provisions of sections 1 28
to 19, inclusive, of this act do not affect any method of transferring 29
property otherwise permitted under the law of this state. 30
Sec. 5. (NEW) (Effective October 1, 2020) An individual may transfer 31
property to one or more beneficiaries effective at the transferor's death 32
by a transfer on death deed. 33
Sec. 6. (NEW) (Effective October 1, 2020) A transfer on death deed is 34
revocable even if the deed or another instrument contains a contrary 35
provision. 36
Sec. 7. (NEW) (Effective October 1, 2020) A transfer on death deed is 37
nontestamentary. 38
Sec. 8. (NEW) (Effective October 1, 2020) The capacity required to make 39
or revoke a transfer on death deed is the same as the capacity required 40
to make a will. 41 Raised Bill No. 5209
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Sec. 9. (NEW) (Effective October 1, 2020) A transfer on death deed shall: 42
(1) Contain the essential elements and formalities of a properly 43
recordable inter vivos deed, except that the transfer on death deed shall 44
state that the transfer to the designated beneficiary is to occur at the 45
transferor's death; and (2) be recorded before the transferor's death in 46
the public records in the office of the town clerk of the town where the 47
property is located. 48
Sec. 10. (NEW) (Effective October 1, 2020) A transfer on death deed 49
shall be effective without: (1) Notice or delivery to or acceptance by the 50
designated beneficiary during the transferor's life; or (2) consideration. 51
Sec. 11. (NEW) (Effective October 1, 2020) (a) Subject to the provisions 52
of subsection (b) of this section, an instrument is effective to revoke a 53
recorded transfer on death deed, or any part of it, only if the instrument 54
is: 55
(1) One of the following: (A) A transfer on death deed that revokes 56
the deed or part of the deed expressly or by inconsistency; (B) an 57
instrument of revocation that expressly revokes the deed or part of the 58
deed; or (C) an inter vivos deed that expressly revokes the transfer on 59
death deed or part of the deed; and 60
(2) Acknowledged by the transferor after the acknowledgment of the 61
deed being revoked and recorded before the transferor's death in the 62
public records in the office of the town clerk of the town where the deed 63
is recorded. 64
(b) If a transfer on death deed is made by more than one transferor: 65
(1) Revocation by a transferor does not affect the deed as to the interest 66
of another transferor; and (2) a deed of joint owners is revoked only if it 67
is revoked by all of the living joint owners. 68
(c) After a transfer on death deed is recorded, it may not be revoked 69
by a revocatory act on the deed. 70
(d) The provisions of this section do not limit the effect of an inter 71 Raised Bill No. 5209
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vivos transfer of the property. 72
Sec. 12. (NEW) (Effective October 1, 2020) During a transferor's life, a 73
transfer on death deed does not: 74
(1) Affect an interest or right of the transferor or any other owner, 75
including the right to transfer or encumber the property; 76
(2) Affect an interest or right of a transferee, even if the transferee has 77
actual or constructive notice of the deed; 78
(3) Affect an interest or right of a secured or unsecured creditor or 79
future creditor of the transferor, even if the creditor has actual or 80
constructive notice of the deed; 81
(4) Affect the transferor's or designated beneficiary's eligibility for 82
any form of public assistance; 83
(5) Create a legal or equitable interest in favor of the designated 84
beneficiary; or 85
(6) Subject the property to claims or process of a creditor of the 86
designated beneficiary. 87
Sec. 13. (NEW) (Effective October 1, 2020) (a) Except as provided in the 88
transfer on death deed, this section, or section 45a-257c, 45a-436, 45a-89
440, 45a-440a, 45a-441 or 45a-447 of the general statutes, as amended by 90
this act, on the death of the transferor, the following rules apply to 91
property that is the subject of a transfer on death deed and owned by 92
the transferor at death: 93
(1) Subject to the provisions of subdivision (2) of this subsection, the 94
interest in the property is transferred to the designated beneficiary in 95
accordance with the deed. 96
(2) The interest of a designated beneficiary is contingent on the 97
designated beneficiary surviving the transferor. The interest of a 98
designated beneficiary that fails to survive the transferor lapses. 99 Raised Bill No. 5209
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(3) Subject to the provisions of subdivision (4) of this subsection, 100
concurrent interests are transferred to the beneficiaries in equal and 101
undivided shares with no right of survivorship. 102
(4) If the transferor has identified two or more designated 103
beneficiaries to receive concurrent interests in the property, the share of 104
one which lapses or fails for any reason is transferred to the other, or to 105
the others in proportion to the interest of each in the remaining part of 106
the property held concurrently. 107
(b) Subject to the provisions of section 47-10 of the general statutes, a 108
beneficiary takes the property subject to all conveyances, encumbrances, 109
assignments, contracts, mortgages, liens and other interests to which the 110
property is subject at the transferor's death. For purposes of this 111
subsection and section 47-10 of the general statutes, the recording of the 112
transfer on death deed is deemed to have occurred at the transferor's 113
death. 114
(c) If a transferor is a joint owner and is: (1) Survived by one or more 115
other joint owners, the property that is the subject of a transfer on death 116
deed belongs to the surviving joint owner or owners with right of 117
survivorship; or (2) the last surviving joint owner, the transfer on death 118
deed is effective. 119
(d) A transfer on death deed transfers property without covenant or 120
warranty of title even if the deed contains a contrary provision. 121
Sec. 14. (NEW) (Effective October 1, 2020) A beneficiary may disclaim 122
all or part of the beneficiary's interest as provided in sections 45a-578 to 123
45a-585, inclusive, of the general statutes. 124
Sec. 15. (NEW) (Effective October 1, 2020) (a) After the transferor's 125
death, the property that is the subject of an effective transfer on death 126
deed is subject to claims of the transferor's creditors, costs of 127
administration of the transferor's estate, the expenses of the transferor's 128
funeral and disposal of remains, and statutory allowances to a surviving 129
spouse and children to the extent the transferor's probate estate is 130 Raised Bill No. 5209
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inadequate to satisfy those claims, costs, expenses and allowances. 131
(b) If more than one property is transferred by one or more transfer 132
on death deeds, the liability under subsection (a) of this section is 133
apportioned among the properties in proportion to their net values at 134
the transferor's death. 135
(c) A proceeding to enforce the liability under this section shall be 136
commenced not later than eighteen months after the date of the 137
transferor's death. 138
Sec. 16. (NEW) (Effective October 1, 2020) The following form may be 139
used to create a transfer on death deed. Sections 1 to 19, inclusive, of this 140
act govern the effect of this or any other instrument used to create a 141
transfer on death deed: 142
T1 (front of form)
T2 REVOCABLE TRANSFER ON DEATH DEED
T3 NOTICE TO OWNER
T4 You should carefully read all information on the other side of this
T5 form. You May Want to Consult a Lawyer Before Using This Form.
T6 This form must be recorded before your death, or it will not be
T7 effective.
T8 IDENTIFYING INFORMATION
T9 Owner or Owners Making This Deed:
T10 …. ….
T11 Printed name Mailing address
T12 …. ….
T13 Printed name Mailing address Raised Bill No. 5209
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T14 Legal description of the property:
T15 ….
T16 PRIMARY BENEFICIARY
T17 I designate the following beneficiary if the beneficiary survives me:
T18 … ….
T19 Printed name Mailing address, if available
T20 ALTERNATE BENEFICIARY – Optional
T21 If my primary beneficiary does not survive me, I designate the
T22 following alternate beneficiary if that beneficiary survives me:
T23 …. ….
T24 Printed name Mailing address, if available
T25 TRANSFER ON DEATH
T26 At my death, I transfer my interest in the described property to
T27 the beneficiaries as designated above.
T28 Before my death, I have the right to revoke this deed.
T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
T30 (SEAL)
T31 …. ….
T32 Signature Date
T33 (SEAL)
T34 …. ….
T35 Signature Date
T36 ACKNOWLEDGMENT
T37 (insert acknowledgment for deed here) Raised Bill No. 5209
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(back of form) 143
COMMON QUESTIONS ABOUT THE USE OF THIS FORM 144
What does the Transfer on Death (TOD) deed do? When you die, this 145
deed transfers the described property, subject to any liens or mortgages 146
(or other encumbrances) on the property at your death. Probate is not 147
required. The TOD deed has no effect until you die. You can revoke it at 148
any time. You are also free to transfer the property to someone else 149
during your lifetime. If you do not own any interest in the property 150
when you die, this deed will have no effect. 151
How do I make a TOD deed? Complete this form. Have it 152
acknowledged before a notary public or other individual authorized by 153
law to take acknowledgments. Record the form in each town where any 154
part of the property is located. The form has no effect unless it is 155
acknowledged and recorded before your death. 156
Is the "legal description" of the property necessary? Yes. 157
How do I find the "legal description" of the property? This 158
information may be on the deed you received when you became an 159
owner of the property. This information may also be available in the 160
office of the town clerk for the town where the property is located. If 161
you are not absolutely sure, consult a lawyer. 162
Can I change my mind before I record the TOD deed? Yes. If you have 163
not yet recorded the deed and want to change your mind, simply tear 164
up or otherwise destroy the deed. 165
How do I "record" the TOD deed? Take the completed and 166
acknowledged form to the office of the town clerk of the town where the 167
property is located. Follow the instructions given by the town clerk to 168
make the form part of the official property records. If the property is in 169
more than one town, you should record the deed in each town. 170 Raised Bill No. 5209
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Can I later revoke the TOD deed if I change my mind? Yes. You can 171
revoke the TOD deed. No one, including the beneficiaries, can prevent 172
you from revoking the deed. 173
How do I revoke the TOD deed after it is recorded? There are three 174
ways to revoke a recorded TOD deed: (1) Complete and acknowledge a 175
revocation form, and record it in each town where the property is 176
located. (2) Complete and acknowledge a new TOD deed that disposes 177
of the same property, and record it in each town where the property is 178
located. (3) Transfer the property to someone else during your lifetime 179
by a recorded deed that expressly revokes the TOD deed. You may not 180
revoke the TOD deed by will. 181
I am being pressured to complete this form. What should I do? Do 182
not complete this form under pressure. Seek help from a trusted family 183
member, friend or lawyer. 184
Do I need to tell the beneficiaries about the TOD deed? No, but it is 185
recommended. Secrecy can cause later complications and might make it 186
easier for others to commit fraud. 187
I have other questions about this form. What should I do? This form 188
is designed to fit some but not all situations. If you have other questions, 189
you are encouraged to consult a lawyer. 190
Sec. 17. (NEW) (Effective October 1, 2020) The following form may be 191
used to create an instrument of revocation under section 11 of this act. 192
Sections 1 to 19, inclusive, of this act govern the effect of this or any other 193
instrument used to revoke a transfer on death deed. 194
T38 (front of form)
T39 REVOCATION OF TRANSFER ON DEATH DEED
T40 NOTICE TO OWNER
T41 This revocation must be recorded before you die or it will not be Raised Bill No. 5209
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T42 effective. This revocation is effective only as to the interests in the
T43 property of owners who sign this revocation.
T44 IDENTIFYING INFORMATION
T45 Owner or Owners of Property Making This Revocation:
T46 …. ….
T47 Printed name Mailing address
T48 …. ….
T49 Printed name Mailing address
T50 Legal description of the property:
T51 ….
T52 REVOCATION
T53 I revoke all my previous transfers of this property by transfer on
T54 death deed.
T55 SIGNATURE OF OWNER OR OWNERS MAKING THIS
T56 REVOCATION
T57 (SEAL)
T58 …. ….
T59 Signature Date
T60 (SEAL)
T61 …. ….
T62 Signature Date
ACKNOWLEDGMENT
T63 (insert acknowledgment for deed here)
(back of form) 195 Raised Bill No. 5209
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COMMON QUESTIONS ABOUT THE USE OF THIS FORM 196
How do I use this form to revoke a Transfer on Death (TOD) deed? 197
Complete this form. Have it acknowledged before a notary public or 198
other individual authorized to take acknowledgments. Record the form 199
in the public records in the office of the town clerk of each town where 200
the property is located. The form must be acknowledged and recorded 201
before your death or it has no effect. 202
How do I find the "legal description" of the property? This 203
information may be on the TOD deed. It may also be available in the 204
office of the town clerk for the town where the property is located. If 205
you are not absolutely sure, consult a lawyer. 206
How do I "record" the form? Take the completed and acknowledged 207
form to the office of the town clerk of the town where the property is 208
located. Follow the instructions given by the town clerk to make the 209
form part of the official property records. If the property is located in 210
more than one town, you should record the form in each of those towns. 211
I am being pressured to complete this form. What should I do? Do 212
not complete this form under pressure. Seek help from a trusted family 213
member, friend or lawyer. 214
I have other questions about this form. What should I do? This form 215
is designed to fit some but not all situations. If you have other questions, 216
consult a lawyer. 217
Sec. 18. (NEW) (Effective October 1, 2020) In applying and construing 218
the provisions of the Uniform Real Property Transfer on Death Act, 219
consideration shall be given to the need to promote uniformity of the 220
law with respect to its subject matter among states that enact said act. 221
Sec. 19. (NEW) (Effective October 1, 2020) The provisions of this section 222
and sections 1 to 18, inclusive, of this act modify, limit and supersede 223
the Electronic Signatures in Global and National Commerce Act, 15 USC 224
7001 et seq., but do not modify, limit or supersede Section 101(c) of said 225 Raised Bill No. 5209
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act, 15 USC 7001(c), or authorize electronic delivery of any of the notices 226
described in Section 103(b) of said act, 15 USC 7003(b). 227
Sec. 20. Subsection (a) of section 45a-436 of the general statutes is 228
repealed and the following is substituted in lieu thereof (Effective October 229
1, 2020): 230
(a) On the death of a spouse, the surviving spouse may elect, as 231
provided in subsection (c) of this section, to take a statutory share of the 232
real and personal property passing under the will of the deceased 233
spouse. The "statutory share" means a life estate of one-third in value of 234
all the property passing under the will, real and personal, legally or 235
equitably owned by the deceased spouse at the time of his or her death, 236
after the payment of all debts and charges against the estate. The right 237
to such third shall not be defeated by any disposition of the property by 238
will or by a transfer on death deed as defined in section 2 of this act to 239
other parties. 240
Sec. 21. Subsection (a) of section 45a-447 of the general statutes is 241
repealed and the following is substituted in lieu thereof (Effective October 242
1, 2020): 243
(a) (1) A person finally adjudged guilty, either as the principal or 244
accessory, or finally found not guilty by reason of mental disease or 245
defect pursuant to section 53a-13, of any crime under section 53a-54a, 246
53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-122, 53a-247
123 or 53a-321, or in any other jurisdiction, of any crime, the essential 248
elements of which are substantially similar to such crimes, or a person 249
finally adjudged guilty, or found not guilty by reason of mental disease 250
or defect, under any of said sections pursuant to this subdivision, shall 251
not inherit or receive any part of the estate of (A) the deceased victim, 252
whether under the provisions of any act relating to intestate succession, 253
or as devisee or legatee, or otherwise under the will of the deceased 254
victim, or receive any property as beneficiary, including as a beneficiary 255
of a transfer on death deed, as defined in section 2 of this act, or survivor 256
of the deceased victim, or (B) any other person when such homicide or 257 Raised Bill No. 5209
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death terminated an intermediate estate, or hastened the time of 258
enjoyment. For the purposes of this subdivision, an interested person 259
may bring an action in the Superior Court for a determination, by a 260
preponderance of the evidence, that an heir, devisee, legatee or 261
beneficiary of the deceased victim who has predeceased the interested 262
person would have been adjudged guilty or found not guilty by reason 263
of mental disease or defect, either as the principal or accessory, under 264
section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-265
56a, 53a-122, 53a-123 or 53a-321, had the heir, devisee, legatee or 266
beneficiary survived. 267
(2) With respect to inheritance under the will of the deceased victim, 268
or rights to property as heir, devisee, legatee or beneficiary of the 269
deceased victim, the person whose participation in the estate of another 270
or whose right to property as such heir, devisee, legatee or beneficiary 271
is so prevented under the provisions of this section shall be considered 272
to have predeceased the deceased victim. 273
(3) With respect to real property owned in joint tenancy with rights 274
of survivorship with the deceased victim, such final adjudication as 275
guilty or finding of not guilty by reason of mental disease or defect shall 276
be a severance of the joint tenancy and shall convert the joint tenancy 277
into a tenancy in common as to the deceased victim and the person so 278
adjudged or found, but not as to any remaining joint tenant or tenants. 279
Such severance shall be effective as of the time such adjudication or 280
finding becomes final. When such jointly owned property is real 281
property, a certified copy of the final adjudication as guilty or finding of 282
not guilty by reason of mental disease or defect shall be recorded by the 283
fiduciary of the deceased victim's estate, or may be recorded by any 284
other interested party in the land records of the town where such real 285
property is situated. 286
(4) With respect to personal property owned in joint tenancy with rights 287
of survivorship with the deceased victim, such final adjudication as 288
guilty or finding of not guilty by reason of mental disease or defect shall 289
convert the personal property to property owned solely by the deceased 290 Raised Bill No. 5209
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victim except to the extent that the adjudged guilty person or person 291
found not guilty by reason of mental disease or defect can prove by a 292
preponderance of the evidence such person's financial contributions to 293
such property.294
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 New section
Sec. 2 October 1, 2020 New section
Sec. 3 October 1, 2020 New section
Sec. 4 October 1, 2020 New section
Sec. 5 October 1, 2020 New section
Sec. 6 October 1, 2020 New section
Sec. 7 October 1, 2020 New section
Sec. 8 October 1, 2020 New section
Sec. 9 October 1, 2020 New section
Sec. 10 October 1, 2020 New section
Sec. 11 October 1, 2020 New section
Sec. 12 October 1, 2020 New section
Sec. 13 October 1, 2020 New section
Sec. 14 October 1, 2020 New section
Sec. 15 October 1, 2020 New section
Sec. 16 October 1, 202 New section
Sec. 17 October 1, 202 New section
Sec. 18 October 1, 2020 New section
Sec. 19 October 1, 2020 New section
Sec. 20 October 1, 2020 45a-436(a)
Sec. 21 October 1, 2020 45a-447(a)
AGE Joint Favorable C/R JUD