Bill > HB05266

This bill adopts the Uniform Real Property Transfer on Death Act, which allows individuals to designate beneficiaries to receive their real property upon their death through a "transfer on death deed," a legal document that functions similarly to a will but is not subject to probate, meaning the property bypasses the court-supervised process of distributing an estate. This act defines key terms such as "beneficiary" (the person receiving the property), "designated beneficiary" (the person named in the deed), "joint owner" (someone who owns property with others and has a right of survivorship), "person" (any legal entity), "property" (real estate in the state), "transfer on death deed" (the deed itself), and "transferor" (the person making the deed). The provisions apply to deeds made before or after October 1, 2026, as long as the transferor dies on or after that date, and do not prevent other legal methods of transferring property. A transfer on death deed is revocable, nontestamentary (meaning it's not a will), and requires the same legal capacity as making a will. To be effective, the deed must have the formalities of a standard deed but state the transfer occurs at death, and it must be recorded before the transferor's death in the town clerk's office where the property is located, without needing the beneficiary's acceptance or consideration. Revocation can be done through a new transfer on death deed, a specific revocation instrument, or an inter vivos deed (a deed transferring property during life) that expressly revokes it, and must also be recorded. During the transferor's life, the deed does not affect their rights to the property, nor does it create any interest for the beneficiary or subject the property to the beneficiary's creditors. Upon the transferor's death, the property transfers to the designated beneficiary, provided they survive the transferor, and the beneficiary receives the property subject to any existing liens or encumbrances. If the transferor was a joint owner, the property goes to the surviving joint owner(s) unless they are the last surviving joint owner, in which case the transfer on death deed takes effect. The act also outlines procedures for beneficiaries to disclaim their interest and for the estate to recover assets from transferred property if the probate estate is insufficient to cover debts or allowances, with a time limit for such recovery. The bill includes sample forms for both the transfer on death deed and its revocation, emphasizing the importance of legal consultation and proper recording. Finally, it aims to promote uniformity in laws across states that adopt this act and clarifies its interaction with federal electronic signature laws.

Justice

Judiciary Committee (Joint)

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05266&which_year=2026