This Amendment does all of the following: (1) Requires property transferred by a transfer on death deed to be inventoried along with other property of the deceased owner (“transferor”) if a probate estate is opened for the transferor with the Register of Wills.

Plain English Breakdown

The official source material does not provide information about penalties for non-compliance or enforcement mechanisms.

Rules for Property Transfers After Death

This amendment requires property transferred through a transfer on death deed to be included in the inventory of the deceased's estate if probate is opened, and clarifies that executors or administrators can access personal property left behind.

What This Bill Does

• Requires property given away by a transfer on death deed to be listed with other items from the deceased person’s estate if there is an official process (probate) for dealing with their things.
• Gives people in charge of handling the dead person's estate permission to look at and protect personal belongings left on real estate owned by the deceased.

Who It Names or Affects

• People who use transfer on death deeds to give property to others after they die.
• The people in charge of handling estates (executors or administrators).
• Registers of Wills and other officials dealing with probate cases.

Terms To Know

Transfer on Death Deed

A legal document that gives property to someone else when the owner dies, without going through a court process called probate.

Probate Estate

The official process where a court decides what happens to a person’s property after they die.

Limits and Unknowns

• Does not explain how the new rules will be enforced or checked.
• Doesn't say if there are any penalties for not following these rules.
• Doesn't provide details on how personal property should be safeguarded by executors or administrators.

Official Summary Text

This Amendment does all of the following:
(1) Requires property transferred by a transfer on death deed to be inventoried along with other property of the deceased owner (“transferor”) if a probate estate is opened for the transferor with the Register of Wills.
(2) Makes clear that the executor or administrator of the transferor’s estate has authority to access and safeguard personal property of the transferor held by the transferor at the time of death on real property titled in the transferor’s own name transferred at the transferor’s death by a transfer on death deed.
(3) Makes clear that a valid transfer on death deed transfers the real property immediately on the transferor’s death and that the failure to file a notice form, death certificate, or inventory form under § 218 of Title 12, created by Hosue Substitute No. 1 for House Bill No. 147, does not invalidate an otherwise valid transfer on death deed.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 147

AMEND House Substitute No. 1 for House Bill No. 147 on line 255 by inserting “

; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalidating

” after “

certificate

” and before the period therein.

FURTHER AMEND House Substitute No. 1 for House Bill No. 147 by inserting the following after line 262 and before line 263:

“

(d) If a probate estate is opened with a Register of Wills for the transferor, property transferred to a beneficiary by transfer on death deed must be inventoried in accordance with § 1905 of Title 12. If a probate estate is not opened for the transferor, an inventory form does not need to be filed with a Register of Wills.

(e) By and through letters testamentary or of administration, the person designated as an executor or administrator shall have authority to access and safeguard personal property of the transferor held by the transferor at the time of death on real property titled in the transferor’s own name transferred at the transferor’s death by transfer on death deed.

(f) A valid transfer on death deed transfers the real property immediately on the transferor’s death. Failure to file a notice form, death certificate, or inventory form under this section does not invalidate an otherwise valid transfer on death deed.

”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 147 on lines 294 to 295 by deleting “

seized, which does not include real estate

” before “

transferred

” therein and inserting in lieu thereof “

seized or which

”.

SYNOPSIS

This Amendment does all of the following:

(1) Requires property transferred by a transfer on death deed to be inventoried along with other property of the deceased owner (“transferor”) if a probate estate is opened for the transferor with the Register of Wills.

(2) Makes clear that the executor or administrator of the transferor’s estate has authority to access and safeguard personal property of the transferor held by the transferor at the time of death on real property titled in the transferor’s own name transferred at the transferor’s death by a transfer on death deed.

(3) Makes clear that a valid transfer on death deed transfers the real property immediately on the transferor’s death and that the failure to file a notice form, death certificate, or inventory form under § 218 of Title 12, created by Hosue Substitute No. 1 for House Bill No. 147, does not invalidate an otherwise valid transfer on death deed.