Establishes "Uniform Real Property Transfer on Death Act."

S3679 SCU Statement 5/11/26

SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No.
3679

with
committee amendments

STATE
OF NEW JERSEY

DATED:
�MAY 11,
2026

����� The Senate Community and Urban Affairs Committee
reports favorably and with committee amendments Senate Bill No. 3679.

����� As amended and reported, this bill establishes the
�Uniform Real Property Transfer on Death Act� (act).� The act was promulgated
by the Uniform Law Commission in 2009.

����� The bill permits an individual to transfer property to
one or more beneficiaries effective at the transferor�s death by a transfer on
death (TOD) deed.� The bill outlines various requirements for a TOD deed and
explains that a TOD deed is effective without notice or delivery to the
designated beneficiary, acceptance by the designated beneficiary, or
consideration.

����� An instrument can revoke a recorded TOD deed, or any
part of it, only if the instrument meets certain criteria outlined in the
bill.� If a TOD deed is made by more than one transferor: (1) revocation by a
transferor does not affect the deed as to the interest of another transferor;
and (2) a deed of joint owners is only revoked if it is revoked by all of the
living joint owners.�

����� The bill explains that during the transferor�s life, a
TOD deed does not affect an interest or right of certain individuals outlined
in the bill; it does not affect the transferor�s or designated beneficiary�s
eligibility for any form of public assistance; it does not create a legal or
equitable interest in favor of the designated beneficiary; and it does not
subject the property to the claims or process of a creditor of the designated
beneficiary.�

����� The bill outlines various rules that apply to the
property that is subject of a TOD deed and owned by the transferor at death.�

����� If a transferor is a joint owner and is: (1) survived
by one or more other joint owners, the property that is subject to the TOD deed
belongs to the surviving joint owners or owners with right of survivorship; or
(2) the last surviving joint owner, the TOD deed is effective.

����� Finally, the bill provides that if a transferor�s
probate estate is insufficient to satisfy allowed claims, the estate is
permitted to enforce the liability against the property transferred.�

����� The bill takes effect 60 days after the date of
enactment and applies to a TOD deed made on or after the effective date of the
bill by a transferor dying on or after the effective date of the bill.�

COMMITTEE AMENDMENTS
:

����� The committee amended the bill to:

����� delay the effective date by 60
days; and

����� make technical changes.�