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Senate
File
408
-
Introduced
SENATE
FILE
408
BY
SWEENEY
(COMPANION
TO
HF
125
BY
NORDMAN)
A
BILL
FOR
An
Act
relating
to
creation
of
transfer
on
death
deeds
and
to
1
disclaimers
of
an
interest
in
real
property,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
633G.1
Short
title.
1
This
chapter
may
be
cited
as
the
“Uniform
Real
Property
2
Transfer
on
Death
Act”
.
3
Sec.
2.
NEW
SECTION
.
633G.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Beneficiary”
means
a
person
that
receives
property
under
7
a
transfer
on
death
deed.
8
2.
“Designated
beneficiary”
means
a
person
designated
to
9
receive
property
in
a
transfer
on
death
deed.
10
3.
“Joint
owner”
means
an
individual
who
owns
property
11
concurrently
with
one
or
more
other
individuals
with
a
right
of
12
survivorship.
“Joint
owner”
includes
a
joint
tenant
and
tenant
13
by
the
entirety.
“Joint
owner”
does
not
include
a
tenant
in
14
common.
15
4.
“Person”
means
an
individual,
corporation,
business
16
trust,
estate,
trust,
partnership,
limited
liability
company,
17
association,
joint
venture,
public
corporation,
government
or
18
governmental
subdivision,
agency,
or
instrumentality,
or
any
19
other
legal
or
commercial
entity.
20
5.
“Property”
means
an
interest
in
real
property
located
in
21
this
state
which
is
transferable
on
the
death
of
the
owner.
22
6.
“Transfer
on
death
deed”
means
a
deed
authorized
under
23
this
chapter.
24
7.
“Transferor”
means
an
individual
who
makes
a
transfer
on
25
death
deed.
26
Sec.
3.
NEW
SECTION
.
633G.3
Applicability.
27
This
chapter
applies
to
a
transfer
on
death
deed
made
before,
28
on,
or
after
the
effective
date
of
this
Act
by
a
transferor
29
dying
on
or
after
the
effective
date
of
this
Act.
30
Sec.
4.
NEW
SECTION
.
633G.4
Nonexclusivity.
31
This
chapter
does
not
affect
any
method
of
transferring
32
property
otherwise
permitted
under
the
law
of
this
state.
33
Sec.
5.
NEW
SECTION
.
633G.5
Transfer
on
death
deed
34
authorized.
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An
individual
may
transfer
property
to
one
or
more
1
beneficiaries
effective
at
the
transferor’s
death
by
a
transfer
2
on
death
deed.
3
Sec.
6.
NEW
SECTION
.
633G.6
Transfer
on
death
deed
4
revocable.
5
A
transfer
on
death
deed
is
revocable
even
if
the
deed
or
6
another
instrument
contains
a
contrary
provision.
7
Sec.
7.
NEW
SECTION
.
633G.7
Transfer
on
death
deed
8
nontestamentary.
9
A
transfer
on
death
deed
is
nontestamentary.
10
Sec.
8.
NEW
SECTION
.
633G.8
Capacity
of
transferor.
11
The
capacity
required
to
make
or
revoke
a
transfer
on
death
12
deed
is
the
same
as
the
capacity
required
to
make
a
will.
13
Sec.
9.
NEW
SECTION
.
633G.9
Requirements.
14
A
transfer
on
death
deed:
15
1.
Except
as
otherwise
provided
in
subsection
2,
must
16
contain
the
essential
elements
and
formalities
of
a
properly
17
recordable
inter
vivos
deed.
18
2.
Must
state
that
the
transfer
to
the
designated
19
beneficiary
is
to
occur
at
the
transferor’s
death.
20
3.
Must
be
recorded
before
the
transferor’s
death
in
the
21
public
records
in
the
office
of
the
county
recorder
in
the
22
county
where
the
property
is
located.
23
Sec.
10.
NEW
SECTION
.
633G.10
Notice,
delivery,
acceptance,
24
consideration
not
required.
25
A
transfer
on
death
deed
is
effective
without
any
of
the
26
following:
27
1.
Notice
or
delivery
to
or
acceptance
by
the
designated
28
beneficiary
during
the
transferor’s
life.
29
2.
Consideration.
30
Sec.
11.
NEW
SECTION
.
633G.11
Revocation
by
instrument
31
authorized
——
revocation
by
act
not
permitted.
32
1.
Subject
to
subsection
2,
an
instrument
is
effective
to
33
revoke
a
recorded
transfer
on
death
deed,
or
any
part
of
the
34
deed,
only
if
all
of
the
following
apply:
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a.
The
instrument
is
any
of
the
following:
1
(1)
A
transfer
on
death
deed
that
revokes
the
deed
or
part
2
of
the
deed
expressly
or
by
inconsistency.
3
(2)
An
instrument
of
revocation
that
expressly
revokes
the
4
deed
or
part
of
the
deed.
5
(3)
An
inter
vivos
deed
that
expressly
revokes
the
transfer
6
on
death
deed
or
part
of
the
deed.
7
b.
The
instrument
is
acknowledged
by
the
transferor
after
8
the
acknowledgment
of
the
deed
being
revoked
and
is
recorded
9
before
the
transferor’s
death
in
the
public
records
in
the
10
office
of
the
county
recorder
of
the
county
where
the
deed
is
11
recorded.
12
2.
If
a
transfer
on
death
deed
is
made
by
more
than
one
13
transferor,
all
of
the
following
apply:
14
a.
Revocation
by
a
transferor
does
not
affect
the
deed
as
to
15
the
interest
of
another
transferor.
16
b.
A
deed
of
joint
owners
is
revoked
only
if
the
deed
is
17
revoked
by
all
of
the
living
joint
owners.
18
3.
After
a
transfer
on
death
deed
is
recorded,
the
deed
19
cannot
be
revoked
by
a
revocatory
act
on
the
deed.
20
4.
This
section
does
not
limit
the
effect
of
an
inter
vivos
21
transfer
of
the
property.
22
Sec.
12.
NEW
SECTION
.
633G.12
Effect
of
transfer
on
death
23
deed
during
transferor’s
life.
24
During
a
transferor’s
life,
a
transfer
on
death
deed
does
not
25
do
any
of
the
following:
26
1.
Affect
an
interest
or
right
of
the
transferor
or
any
27
other
owner,
including
the
right
to
transfer
or
encumber
the
28
property.
29
2.
Affect
an
interest
or
right
of
a
transferee,
even
if
the
30
transferee
has
actual
or
constructive
notice
of
the
deed.
31
3.
Affect
an
interest
or
right
of
a
secured
or
unsecured
32
creditor
or
future
creditor
of
the
transferor,
even
if
the
33
creditor
has
actual
or
constructive
notice
of
the
deed.
34
4.
Affect
the
transferor’s
or
designated
beneficiary’s
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eligibility
for
any
form
of
public
assistance.
1
5.
Create
a
legal
or
equitable
interest
in
favor
of
the
2
designated
beneficiary.
3
6.
Subject
the
property
to
claims
or
process
of
a
creditor
4
of
the
designated
beneficiary.
5
Sec.
13.
NEW
SECTION
.
633G.13
Effect
of
transfer
on
death
6
deed
at
transferor’s
death.
7
1.
Except
as
otherwise
provided
in
the
transfer
on
death
8
deed,
in
this
section,
or
in
section
633.238,
633.523,
or
9
633.535,
upon
the
death
of
the
transferor,
the
following
rules
10
apply
to
property
that
is
the
subject
of
a
transfer
on
death
11
deed
and
owned
by
the
transferor
at
death:
12
a.
Subject
to
paragraph
“b”
,
the
interest
in
the
property
is
13
transferred
to
the
designated
beneficiary
in
accordance
with
14
the
deed.
15
b.
The
interest
of
a
designated
beneficiary
is
contingent
16
on
the
designated
beneficiary
surviving
the
transferor.
The
17
interest
of
a
designated
beneficiary
that
fails
to
survive
the
18
transferor
lapses.
19
c.
Subject
to
paragraph
“d”
,
concurrent
interests
are
20
transferred
to
the
beneficiaries
in
equal
and
undivided
shares
21
with
no
right
of
survivorship.
22
d.
If
the
transferor
has
identified
two
or
more
designated
23
beneficiaries
to
receive
concurrent
interests
in
the
property,
24
the
share
of
one
which
lapses
or
fails
for
any
reason
is
25
transferred
to
the
other,
or
to
the
others
in
proportion
to
the
26
interest
of
each
in
the
remaining
part
of
the
property
held
27
concurrently.
28
2.
Subject
to
section
558.41,
a
beneficiary
takes
the
29
property
subject
to
all
conveyances,
encumbrances,
assignments,
30
contracts,
mortgages,
liens,
and
other
interests
to
which
the
31
property
is
subject
at
the
transferor’s
death.
For
purposes
32
of
this
subsection
and
section
558.41,
the
recording
of
the
33
transfer
on
death
deed
is
deemed
to
have
occurred
at
the
34
transferor’s
death.
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3.
a.
If
a
transferor
is
a
joint
owner
and
is
survived
1
by
one
or
more
other
joint
owners,
the
property
that
is
the
2
subject
of
a
transfer
on
death
deed
belongs
to
the
surviving
3
joint
owner
or
owners
with
right
of
survivorship.
4
b.
If
a
transferor
is
the
last
surviving
joint
owner,
the
5
transfer
on
death
deed
is
effective.
6
4.
A
transfer
on
death
deed
transfers
property
without
7
covenant
or
warranty
of
title
even
if
the
deed
contains
a
8
contrary
provision.
9
Sec.
14.
NEW
SECTION
.
633G.14
Disclaimer.
10
A
beneficiary
may
disclaim
all
or
part
of
the
beneficiary’s
11
interest
as
provided
by
chapter
633E.
12
Sec.
15.
NEW
SECTION
.
633G.15
Liability
for
creditor
claims
13
and
statutory
allowances.
14
1.
To
the
extent
the
transferor’s
probate
estate
is
15
insufficient
to
satisfy
an
allowed
claim
against
the
estate
16
or
a
statutory
allowance
to
a
surviving
spouse
or
child,
the
17
estate
may
enforce
the
liability
against
property
transferred
18
at
the
transferor’s
death
by
a
transfer
on
death
deed.
19
2.
If
more
than
one
property
is
transferred
by
one
or
more
20
transfer
on
death
deeds,
the
liability
under
subsection
1
is
21
apportioned
among
the
properties
in
proportion
to
the
net
22
values
of
the
properties
at
the
transferor’s
death.
23
3.
A
proceeding
to
enforce
the
liability
under
this
section
24
must
be
commenced
not
later
than
eighteen
months
after
the
25
transferor’s
death.
26
Sec.
16.
NEW
SECTION
.
633G.16
Optional
form
of
transfer
27
on
death
deed.
28
The
following
form
may
be
used
to
create
a
transfer
on
death
29
deed.
The
other
sections
of
this
chapter
govern
the
effect
of
30
this
or
any
other
instrument
used
to
create
a
transfer
on
death
31
deed:
32
(front
of
form)
33
REVOCABLE
TRANSFER
ON
DEATH
DEED
34
NOTICE
TO
OWNER
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You
should
carefully
read
all
information
on
the
other
side
1
of
this
form.
You
may
want
to
consult
a
lawyer
before
using
2
this
form.
3
This
form
must
be
recorded
before
your
death,
or
it
will
not
4
be
effective.
5
IDENTIFYING
INFORMATION
6
Owner
or
owners
making
this
deed
7
_____________________________
_________________________
8
Printed
name
Mailing
address
9
_____________________________
_________________________
10
Printed
name
Mailing
address
11
Legal
description
of
the
property
12
__________________________________________________________
13
PRIMARY
BENEFICIARY
14
I
designate
the
following
beneficiary
if
the
beneficiary
15
survives
me.
16
_____________________________
_________________________
17
Printed
name
Mailing
address,
if
available
18
ALTERNATE
BENEFICIARY
–
Optional
19
If
my
primary
beneficiary
does
not
survive
me,
I
designate
20
the
following
alternate
beneficiary
if
that
beneficiary
21
survives
me.
22
_____________________________
_________________________
23
Printed
name
Mailing
address,
if
available
24
TRANSFER
ON
DEATH
25
At
my
death,
I
transfer
my
interest
in
the
described
property
26
to
the
beneficiaries
as
designated
above.
27
Before
my
death,
I
have
the
right
to
revoke
this
deed.
28
SIGNATURE
OF
OWNER
OR
OWNERS
MAKING
THIS
DEED
29
Seal,
if
any
30
Signature
Date
31
_____________________________
_________________________
32
Seal,
if
any
33
Signature
Date
34
_____________________________
_________________________
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ACKNOWLEDGMENT
1
(insert
acknowledgment
for
deed
here)
2
(back
of
form)
3
COMMON
QUESTIONS
ABOUT
THE
USE
OF
THIS
FORM
4
What
does
the
Transfer
on
Death
(TOD)
deed
do?
5
When
you
die,
this
deed
transfers
the
described
property,
6
subject
to
any
liens
or
mortgages
(or
other
encumbrances)
on
7
the
property
at
your
death.
Probate
is
not
required.
The
TOD
8
deed
has
no
effect
until
you
die.
You
can
revoke
it
at
any
9
time.
You
are
also
free
to
transfer
the
property
to
someone
10
else
during
your
lifetime.
If
you
do
not
own
any
interest
in
11
the
property
when
you
die,
this
deed
will
have
no
effect.
12
How
do
I
make
a
TOD
deed?
13
Complete
this
form.
Have
it
acknowledged
before
a
14
notary
public
or
other
individual
authorized
by
law
to
take
15
acknowledgments.
Record
the
form
in
each
county
where
any
part
16
of
the
property
is
located.
The
form
has
no
effect
unless
it
is
17
acknowledged
and
recorded
before
your
death.
18
Is
the
legal
description
of
the
property
necessary?
19
Yes.
20
How
do
I
find
the
legal
description
of
the
property?
21
This
information
may
be
on
the
deed
you
received
when
you
22
became
an
owner
of
the
property.
This
information
may
also
be
23
available
in
the
office
of
the
county
recorder
for
the
county
24
where
the
property
is
located.
If
you
are
not
absolutely
sure,
25
consult
a
lawyer.
26
Can
I
change
my
mind
before
I
record
the
TOD
deed?
27
Yes.
If
you
have
not
yet
recorded
the
deed
and
want
to
28
change
your
mind,
simply
tear
up
or
otherwise
destroy
the
deed.
29
How
do
I
record
the
TOD
deed?
30
Take
the
completed
and
acknowledged
form
to
the
office
31
of
the
county
recorder
of
the
county
where
the
property
is
32
located.
Follow
the
instructions
given
by
the
county
recorder
33
to
make
the
form
part
of
the
official
property
records.
If
the
34
property
is
in
more
than
one
county,
you
should
record
the
deed
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in
each
county.
1
Can
I
later
revoke
the
TOD
deed
if
I
change
my
mind?
2
Yes.
You
can
revoke
the
TOD
deed.
No
one,
including
the
3
beneficiaries,
can
prevent
you
from
revoking
the
deed.
4
How
do
I
revoke
the
TOD
deed
after
it
is
recorded?
5
There
are
three
ways
to
revoke
a
recorded
TOD
deed:
[1]
6
Complete
and
acknowledge
a
revocation
form,
and
record
it
in
7
each
county
where
the
property
is
located.
[2]
Complete
and
8
acknowledge
a
new
TOD
deed
that
disposes
of
the
same
property,
9
and
record
it
in
each
county
where
the
property
is
located.
10
[3]
Transfer
the
property
to
someone
else
during
your
lifetime
11
by
a
recorded
deed
that
expressly
revokes
the
TOD
deed.
You
12
may
not
revoke
the
TOD
deed
by
will.
13
I
am
being
pressured
to
complete
this
form.
What
should
I
14
do?
15
Do
not
complete
this
form
under
pressure.
Seek
help
from
a
16
trusted
family
member,
friend,
or
lawyer.
17
Do
I
need
to
tell
the
beneficiaries
about
the
TOD
deed?
18
No,
but
it
is
recommended.
Secrecy
can
cause
later
19
complications
and
might
make
it
easier
for
others
to
commit
20
fraud.
21
I
have
other
questions
about
this
form.
What
should
I
do?
22
This
form
is
designed
to
fit
some
but
not
all
situations.
23
If
you
have
other
questions,
you
are
encouraged
to
consult
a
24
lawyer.
25
Sec.
17.
NEW
SECTION
.
633G.17
Optional
form
of
revocation.
26
The
following
form
may
be
used
to
create
an
instrument
of
27
revocation
under
this
chapter.
The
other
sections
of
this
28
chapter
govern
the
effect
of
this
or
any
other
instrument
used
29
to
revoke
a
transfer
on
death
deed.
30
(front
of
form)
31
REVOCATION
OF
TRANSFER
ON
DEATH
DEED
32
NOTICE
TO
OWNER
33
This
revocation
must
be
recorded
before
you
die
or
it
will
34
not
be
effective.
This
revocation
is
effective
only
as
to
the
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interests
in
the
property
of
owners
who
sign
this
revocation.
1
IDENTIFYING
INFORMATION
2
Owner
or
owners
of
property
making
this
revocation
3
_____________________________
_________________________
4
Printed
name
Mailing
address
5
_____________________________
_________________________
6
Printed
name
Mailing
address
7
Legal
description
of
the
property
8
__________________________________________________________
9
REVOCATION
10
I
revoke
all
my
previous
transfers
of
this
property
by
11
transfer
on
death
deed.
12
SIGNATURE
OF
OWNER
OR
OWNERS
MAKING
THIS
REVOCATION
13
Seal,
if
any
14
Signature
Date
15
_____________________________
_________________________
16
Seal,
if
any
17
Signature
Date
18
_____________________________
_________________________
19
ACKNOWLEDGMENT
20
(insert
acknowledgment
here)
21
(back
of
form)
22
COMMON
QUESTIONS
ABOUT
THE
USE
OF
THIS
FORM
23
How
do
I
use
this
form
to
revoke
a
Transfer
on
Death
(TOD)
24
deed?
25
Complete
this
form.
Have
it
acknowledged
before
a
notary
26
public
or
other
individual
authorized
to
take
acknowledgments.
27
Record
the
form
in
the
public
records
in
the
office
of
the
28
county
recorder
of
each
county
where
the
property
is
located.
29
The
form
must
be
acknowledged
and
recorded
before
your
death
or
30
it
has
no
effect.
31
How
do
I
find
the
legal
description
of
the
property?
32
This
information
may
be
on
the
TOD
deed.
It
may
also
be
33
available
in
the
office
of
the
county
recorder
for
the
county
34
where
the
property
is
located.
If
you
are
not
absolutely
sure,
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consult
a
lawyer.
1
How
do
I
record
the
form?
2
Take
the
completed
and
acknowledged
form
to
the
office
3
of
the
county
recorder
of
the
county
where
the
property
is
4
located.
Follow
the
instructions
given
by
the
county
recorder
5
to
make
the
form
part
of
the
official
property
records.
If
the
6
property
is
located
in
more
than
one
county,
you
should
record
7
the
form
in
each
county.
8
I
am
being
pressured
to
complete
this
form.
What
should
I
9
do?
10
Do
not
complete
this
form
under
pressure.
Seek
help
from
a
11
trusted
family
member,
friend,
or
lawyer.
12
I
have
other
questions
about
this
form.
What
should
I
do?
13
This
form
is
designed
to
fit
some
but
not
all
situations.
14
If
you
have
other
questions,
you
are
encouraged
to
consult
a
15
lawyer.
16
Sec.
18.
NEW
SECTION
.
633G.18
Uniformity
of
application
17
and
construction.
18
In
applying
and
construing
this
uniform
Act,
consideration
19
shall
be
given
to
the
need
to
promote
uniformity
of
the
law
20
with
respect
to
the
subject
matter
of
this
chapter
among
the
21
states
that
enact
it.
22
Sec.
19.
NEW
SECTION
.
633G.19
Relation
to
Electronic
23
Signatures
in
Global
and
National
Commerce
Act.
24
This
chapter
modifies,
limits,
and
supersedes
the
federal
25
Electronic
Signatures
in
Global
and
National
Commerce
Act,
15
26
U.S.C.
§7001,
et
seq.,
but
does
not
modify,
limit,
or
supersede
27
section
101(c)
of
that
Act,
15
U.S.C.
§7001(c),
or
authorize
28
electronic
delivery
of
any
of
the
notices
described
in
section
29
103(b)
of
that
Act,
15
U.S.C.
§7003(b).
30
Sec.
20.
Section
331.602,
Code
2025,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
33.
Record
a
transfer
on
death
deed
created
33
pursuant
to
section
633G.5
or
an
instrument
of
revocation
34
authorized
by
section
633G.11
and
presented
to
the
recorder’s
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office
for
recording
in
the
same
manner
as
other
deeds
are
1
recorded.
The
recorder
shall
collect
a
fee
under
section
2
331.604
for
the
recording
of
the
transfer
on
death
deed
or
3
instrument
of
revocation
and
shall
index
the
transfer
on
death
4
deed
or
instrument
of
revocation
in
the
name
of
the
owner
of
5
record
of
the
real
property
or
interest
in
the
real
property
6
who
executed
the
transfer
on
death
deed.
7
Sec.
21.
Section
633E.12,
subsections
6
and
7,
Code
2025,
8
are
amended
to
read
as
follows:
9
6.
In
the
case
of
a
disclaimer
of
an
interest
created
by
10
a
beneficiary
designation
made
which
is
disclaimed
before
the
11
time
the
designation
becomes
irrevocable,
the
disclaimer
must
12
be
delivered
to
the
person
making
the
beneficiary
designation.
13
7.
In
the
case
of
a
disclaimer
of
an
interest
created
by
14
a
beneficiary
designation
made
which
is
disclaimed
after
the
15
time
the
designation
becomes
irrevocable,
the
disclaimer
of
an
16
interest
in
personal
property
must
be
delivered
to
the
person
17
obligated
to
distribute
the
interest
and
the
disclaimer
of
an
18
interest
in
real
property
must
be
recorded
in
the
office
of
the
19
county
recorder
of
the
county
where
the
real
property
that
is
20
the
subject
of
the
disclaimer
is
located
.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
that
an
individual
may
execute
a
transfer
25
on
death
deed
which
transfers
real
property
outside
of
probate
26
to
one
or
more
beneficiaries
effective
at
the
transferor’s
27
death.
28
To
be
valid,
a
transfer
on
death
deed
must
contain
the
29
essential
elements
and
formalities
of
a
properly
recordable
30
inter
vivos
deed,
state
that
the
transfer
to
the
designated
31
beneficiary
is
to
occur
at
the
transferor’s
death,
and
be
32
recorded
before
the
transferor’s
death
in
the
office
of
the
33
county
recorder.
34
A
transfer
on
death
deed
is
revocable,
even
if
the
deed
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states
that
the
deed
is
irrevocable.
A
transferor
may
revoke
1
a
transfer
on
death
deed
by
acknowledging
and
recording
an
2
inconsistent
transfer
on
death
deed,
or
an
instrument
of
3
revocation
or
inter
vivos
deed
that
expressly
revokes
the
deed.
4
A
transfer
on
death
deed
is
nontestamentary,
and
the
5
capacity
required
to
make
or
revoke
a
transfer
on
death
deed
is
6
the
same
capacity
required
to
make
a
will.
7
A
transfer
on
death
deed
is
effective
even
if
the
beneficiary
8
does
not
receive
notice
or
delivery
of
the
deed
during
the
9
transferor’s
lifetime,
and
even
if
the
transferor
does
not
10
receive
consideration
for
the
deed.
11
During
the
transferor’s
lifetime,
a
transfer
on
death
deed
12
does
not
affect
the
transferor’s
interest
in
the
property,
13
including
the
right
to
transfer
or
encumber
the
property,
nor
14
does
the
transfer
on
death
deed
create
a
legal
or
equitable
15
interest
in
favor
of
the
designated
beneficiary
or
subject
the
16
property
to
claims
of
a
creditor
of
the
designated
beneficiary.
17
If
the
transferor
transfers
the
property
that
is
the
subject
18
of
a
transfer
of
death
deed
before
the
transferor’s
death,
the
19
transfer
on
death
deed
is
of
no
effect
at
the
death
of
the
20
transferor.
21
At
the
death
of
the
transferor,
subject
to
Code
sections
22
633.238
(elective
share
of
surviving
spouse),
633.523
through
23
633.538
(uniform
simultaneous
death
Act),
and
633.535
through
24
633.537
(felonious
death),
the
property
is
transferred
to
the
25
designated
beneficiary
if
the
designated
beneficiary
is
alive.
26
If
the
designated
beneficiary
predeceases
the
transferor,
the
27
interest
of
the
designated
beneficiary
lapses.
28
Subject
to
Code
section
558.41
(recording),
a
beneficiary
29
who
takes
property
under
a
transfer
on
death
deed
takes
the
30
property
subject
to
all
conveyances,
encumbrances,
assignments,
31
contracts,
mortgages,
liens,
and
other
interests
to
which
the
32
property
is
subject
at
the
transferor’s
death.
33
If
the
transferor
owns
the
property
as
a
joint
tenant
or
as
34
a
tenant
by
the
entirety,
the
transfer
on
death
deed
is
only
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effective
if
the
transferor
is
the
last
surviving
joint
tenant
1
or
tenant
by
the
entirety.
2
A
beneficiary
may
disclaim
all
or
part
of
the
beneficiary’s
3
interest
as
provided
by
Code
chapter
633E
(uniform
disclaimer
4
of
property
interest
Act).
5
To
the
extent
that
the
transferor’s
probate
estate
is
6
insufficient
to
satisfy
an
allowed
claim
against
the
estate
7
or
a
statutory
allowance
to
a
surviving
spouse
or
child,
the
8
estate
may
enforce
the
liability
against
property
transferred
9
at
the
transferor’s
death
by
a
transfer
on
death
deed.
10
The
bill
provides
an
optional
form
of
a
transfer
on
death
11
deed
and
an
optional
form
for
the
revocation
of
a
transfer
on
12
death
deed.
13
The
bill
does
not
affect
any
deed
executed
and
recorded
prior
14
to
the
effective
date
of
the
bill
and
applies
to
a
transfer
on
15
death
deed
made
before,
on,
or
after
the
effective
date
of
the
16
bill
by
a
transferor
dying
on
or
after
the
effective
date
of
17
the
bill.
18
The
bill
makes
conforming
changes.
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