Adopting the uniform real property transfer on death act.
Impact
The legislation modifies existing state statutes regarding property transfer and provides some exceptions to the Real Estate Transfer Tax for transfers made under the 'transfer on death deed.' By allowing property to be transferred outside of the probate process, it is expected to make the conveyancing of real estate upon death more efficient, enabling beneficiaries to gain ownership promptly. Furthermore, the bill states that such transfers will not be affected by claims from creditors against the probate estate of the transferor, thereby offering enhanced protection for beneficiaries.
Summary
House Bill 68 (HB68) is geared towards adopting the Uniform Real Property Transfer on Death Act in New Hampshire. The primary purpose of the bill is to allow individuals to transfer real property upon their death via a 'transfer on death deed' while retaining full control of the property during their lifetime. This mechanism aims to simplify the process of property succession and provides a straightforward way for property owners to designate beneficiaries without the complexities typically associated with wills or trusts.
Contention
The discussions surrounding HB68 indicate some contention regarding its implications for estate planning. Some stakeholders argue that the bill simplifies the estate-transfer process, while others express concerns about ensuring that all potential financial obligations are considered when property is passed on to beneficiaries. There are also implications regarding how this might affect existing estate plans that include other forms of property transfer, as well as broader considerations concerning potential impacts on local government revenue through changes in transfer tax collection. Notably, the bill is expected to have an indeterminable impact on both state and county revenues due to the expected unquantified increase in property transfers that could be facilitated by this act.