AN ACT ADOPTING THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

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General Assembly Raised Bill No. 5266
February Session, 2026 LCO No. 1693

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT ADOPTING 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, 2026) The provisions of sections 1
1 to 19, inclusive, of this act may be cited as the Uniform Real Property 2
Transfer on Death Act. 3
Sec. 2. (NEW) ( Effective October 1, 2026) 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. "Joint owner" includes a joint tenant, but does not include 12
a tenant in common; 13

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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, 2026) 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, 2026, by a transferor dying on or after October 1, 26
2026. 27
Sec. 4. (NEW) ( Effective October 1, 2026) 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, 2026) 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, 2026) 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, 2026) A transfer on death deed is 37
nontestamentary. 38
Sec. 8. (NEW) (Effective October 1, 2026) 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

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Sec. 9. (NEW) (Effective October 1, 2026) 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, 2026) 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, 2026) (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

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(d) The provisions of this section do not limit the effect of an inter 71
vivos transfer of the property. 72
Sec. 12. (NEW) ( Effective October 1, 2026) 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, 2026) (a) Except as provided in the 88
transfer on death deed, this section, or in section 45a-257c, 45a-436, 45a-89
440, 45a-440a, 45a-441 or 45a-447 of the general statutes, on the death of 90
the transferor, the following rules apply to property that is the subject 91
of a transfer on death deed and owned by the transferor at death: 92
(1) Subject to the provisions of subdivision (2) of this subsection, the 93
interest in the property is transferred to the designated beneficiary in 94
accordance with the deed. 95
(2) The interest of a designated beneficiary is contingent on the 96
designated beneficiary surviving the transferor. The interest of a 97

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designated beneficiary that fails to survive the transferor lapses. 98
(3) Subject to the provisions of subdivision (4) of this subsection, 99
concurrent interests are transferred to the beneficiaries in equal and 100
undivided shares with no right of survivorship. 101
(4) If the transferor has identified two or more designated 102
beneficiaries to receive concurrent interests in the property, the share of 103
one which lapses or fails for any reason is transferred to the other, or to 104
the others in proportion to the interest of each in the remaining part of 105
the property held concurrently. 106
(b) Subject to the provisions of section 47-10 of the general statutes, a 107
beneficiary takes the property subject to all conveyances, encumbrances, 108
assignments, contracts, mortgages, liens and other interests to which the 109
property is subject at the transferor's death. For purposes of this 110
subsection and section 47-10 of the general statutes, the recording of the 111
transfer on death deed is deemed to have occurred at the transferor's 112
death. 113
(c) If a transferor is a joint owner and is: (1) Survived by one or more 114
other joint owners, the property that is the subject of a transfer on death 115
deed belongs to the surviving joint owner or owners with right of 116
survivorship; or (2) the last surviving joint owner, the transfer on death 117
deed is effective. 118
(d) A transfer on death deed transfers property without covenant or 119
warranty of title even if the deed contains a contrary provision. 120
Sec. 14. (NEW) (Effective October 1, 2026) A beneficiary may disclaim 121
all or part of the beneficiary's interest as provided in sections 45a-578 to 122
45a-585, inclusive, of the general statutes. 123
Sec. 15. (NEW) ( Effective October 1, 2026) (a) To the extent the 124
transferor's probate estate is insufficient to satisfy an allowed claim 125
against the estate or a statutory allowance to a surviving spouse or child, 126

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the estate may enforce the liability against property transferred at the 127
transferor's death by a transfer on death deed. 128
(b) If more than one property is transferred by one or more transfer 129
on death deeds, the liability under subsection (a) of this section is 130
apportioned among the properties in proportion to their net values at 131
the transferor's death. 132
(c) A proceeding to enforce the liability under this section shall be 133
commenced not later than eighteen months after the date of the 134
transferor's death. 135
Sec. 16. (NEW) (Effective October 1, 2026) The following form may be 136
used to create a transfer on death deed. Sections 1 to 19, inclusive, of this 137
act govern the effect of this or any other instrument used to create a 138
transfer on death deed: 139
(front of form) 140
REVOCABLE TRANSFER ON DEATH DEED 141
NOTICE TO OWNER 142
You should carefully read all information on the other side of this 143
form. You May Want to Consult a Lawyer Before Using This Form. 144
This form must be recorded before your death, or it will not be 145
effective. 146
T1 IDENTIFYING INFORMATION
T2 Owner or Owners Making This Deed:
T3 ….
Printed name
….
Mailing address
T4
….

….

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Printed name Mailing address
T5
Legal description of the property:
….
T6 PRIMARY BENEFICIARY
T7 I designate the following beneficiary if the beneficiary survives
me.
T8 …. ….
Printed name Mailing address, if available
T9 ALTERNATE BENEFICIARY – Optional
T10 If my primary beneficiary does not survive me, I designate the
following alternate beneficiary if that beneficiary survives me.
T11 …. ….
Printed name Mailing address, if available
T12 TRANSFER ON DEATH
T13 At my death, I transfer my interest in the described property to
the beneficiaries as designated above.
T14 Before my death, I have the right to revoke this deed.
T15 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
T16 ….
Signature
[(SEAL)]….
Date
T17 ….
Signature
[(SEAL)]….
Date

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T18 ACKNOWLEDGMENT
T19 (insert acknowledgment for deed here)
(back of form) 147
COMMON QUESTIONS ABOUT THE USE OF THIS FORM 148
What does the Transfer on Death (TOD) deed do? When you die, 149
this deed transfers the described property, subject to any liens or 150
mortgages (or other encumbrances) on the property at your death. 151
Probate is not required. The TOD deed has no effect until you die. You 152
can revoke it at any time. You are also free to transfer the property to 153
someone else during your lifetime. If you do not own any interest in the 154
property when you die, this deed will have no effect. 155
How do I make a TOD deed? Complete this form. Have it 156
acknowledged before a notary public or other individual authorized by 157
law to take acknowledgments. Record the form in each town where any 158
part of the property is located. The form has no effect unless it is 159
acknowledged and recorded before your death. 160
Is the "legal description" of the property necessary? Yes. 161
How do I find the "legal description" of the property? This 162
information may be on the deed you received when you became an 163
owner of the property. This information may also be available in the 164
office of the town clerk for the town where the property is located. If 165
you are not absolutely sure, consult a lawyer. 166
Can I change my mind before I record the TOD deed? Yes. If you 167
have not yet recorded the deed and want to change your mind, simply 168
tear up or otherwise destroy the deed. 169
How do I "record" the TOD deed? Take the completed and 170
acknowledged form to the office of the town clerk of the town where the 171
property is located. Follow the instructions given by the town clerk to 172

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make the form part of the official property records. If the property is in 173
more than one town, you should record the deed in each town. 174
Can I later revoke the TOD deed if I change my mind? Yes. You 175
can revoke the TOD deed. No one, including the beneficiaries, can 176
prevent you from revoking the deed. 177
How do I revoke the TOD deed after it is recorded? There are 178
three ways to revoke a recorded TOD deed: (1) Complete and 179
acknowledge a revocation form and record it in each town where the 180
property is located. (2) Complete and acknowledge a new TOD deed 181
that disposes of the same property and record it in each town where the 182
property is located. (3) Transfer the property to someone else during 183
your lifetime by a recorded deed that expressly revokes the TOD deed. 184
You may not revoke the TOD deed by will. 185
I am being pressured to complete this form. What should I do? 186
Do not complete this form under pressure. Seek help from a trusted 187
family member, friend, or lawyer. 188
Do I need to tell the beneficiaries about the TOD deed? No, but it 189
is recommended. Secrecy can cause later complications and might make 190
it easier for others to commit fraud. 191
I have other questions about this form. What should I do? This 192
form is designed to fit some but not all situations. If you have other 193
questions, you are encouraged to consult a lawyer. 194
Sec. 17. (NEW) (Effective October 1, 2026) The following form may be 195
used to create an instrument of revocation under section 11 of this act. 196
Sections 1 to 19, inclusive, of this act govern the effect of this or any other 197
instrument used to revoke a transfer on death deed. 198
(front of form) 199
REVOCATION OF TRANSFER ON DEATH DEED 200

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T20 NOTICE TO OWNER
T21 This revocation must be recorded before you die or it will not
be effective. This revocation is effective only as to the interests in the
property of owners who sign this revocation.
T22 IDENTIFYING INFORMATION
T23 Owner or Owners of Property Making This Revocation:
T24 ….
Printed name
….
Mailing address
T25 ….
Printed name
….
Mailing address
T26 Legal description of the property:
….
T27 REVOCATION
T28 I revoke all my previous transfers of this property by transfer
on death deed.
T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS
REVOCATION
T30 ….
Signature
[(SEAL)]….
Date
T31 ….
Signature
[(SEAL)]….
Date
T32 ACKNOWLEDGMENT
T33 (insert acknowledgment here)
(back of form) 201
COMMON QUESTIONS ABOUT THE USE OF THIS FORM 202

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How do I use this form to revoke a Transfer on Death (TOD) 203
deed? Complete this form. Have it acknowledged before a notary public 204
or other individual authorized to take acknowledgments. Record the 205
form in the public records in the office of the town clerk of each town 206
where the property is located. The form must be acknowledged and 207
recorded before your death or it has no effect. 208
How do I find the "legal description" of the property? This 209
information may be on the TOD deed. It may also be available in the 210
office of the town clerk for the town where the property is located. If 211
you are not absolutely sure, consult a lawyer. 212
How do I "record" the form? Take the completed and 213
acknowledged form to the office of the town clerk of the town where the 214
property is located. Follow the instructions given by the town clerk to 215
make the form part of the official property records. If the property is 216
located in more than one town, you should record the form in each of 217
those towns. 218
I am being pressured to complete this form. What should I do? 219
Do not complete this form under pressure. Seek help from a trusted 220
family member, friend, or lawyer. 221
I have other questions about this form. What should I do? This 222
form is designed to fit some but not all situations. If you have other 223
questions, consult a lawyer. 224
Sec. 18. (NEW) (Effective October 1, 2026) In applying and construing 225
the provisions of the Uniform Real Property Transfer on Death Act, 226
consideration shall be given to the need to promote uniformity of the 227
law with respect to its subject matter among states that enact said act. 228
Sec. 19. (NEW) (Effective October 1, 2026) The provisions of sections 1 229
to 19, inclusive, of this act modify, limit and supersede the Electronic 230
Signatures in Global and National Commerce Act, 15 USC 7001 et seq., 231
but do not modify, limit or supersede Section 101(c) of said act, 15 USC 232

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7001(c), or authorize electronic delivery of any of the notices described 233
in Section 103(b) of said act, 15 USC 7003(b). 234
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 New section
Sec. 2 October 1, 2026 New section
Sec. 3 October 1, 2026 New section
Sec. 4 October 1, 2026 New section
Sec. 5 October 1, 2026 New section
Sec. 6 October 1, 2026 New section
Sec. 7 October 1, 2026 New section
Sec. 8 October 1, 2026 New section
Sec. 9 October 1, 2026 New section
Sec. 10 October 1, 2026 New section
Sec. 11 October 1, 2026 New section
Sec. 12 October 1, 2026 New section
Sec. 13 October 1, 2026 New section
Sec. 14 October 1, 2026 New section
Sec. 15 October 1, 2026 New section
Sec. 16 October 1, 2026 New section
Sec. 17 October 1, 2026 New section
Sec. 18 October 1, 2026 New section
Sec. 19 October 1, 2026 New section

Statement of Purpose:
To adopt the Uniform Real Property Transfer on Death Act.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]