Massachusetts Transfer-on-Death Deed Document
Article Structure
The Massachusetts Transfer-on-Death Deed form serves as a vital tool for individuals looking to streamline the transfer of their property upon death. By utilizing this form, property owners can designate beneficiaries who will automatically inherit the property, bypassing the lengthy probate process. This legal instrument allows for a straightforward transfer, ensuring that the property remains within the family or is passed on to chosen heirs without the complications often associated with traditional wills. The form requires specific information, including the names of the grantor and beneficiaries, a clear description of the property, and the signature of the grantor. Importantly, the Transfer-on-Death Deed must be recorded with the local registry of deeds to be valid, providing a clear and public record of the intended transfer. This method not only simplifies the process for the heirs but also offers peace of mind to the property owner, knowing their wishes will be honored without unnecessary delays or legal hurdles.
Massachusetts Transfer-on-Death Deed Example
Massachusetts Transfer-on-Death (TOD) Deed Template
This document is designed to allow property owners in Massachusetts to pass their property automatically upon death, without the need for probate, to a designated beneficiary or beneficiaries. This transfer-on-death deed is governed by the Massachusetts Uniform Real Property Transfer on Death Act.
Please fill in the following details to complete the transfer-on-death deed form:
- Owner's Information
Full Name: _______________________________
Address: __________________________________
City/State/Zip: ____________________________
Date of Birth: ____________________________
Marital Status: ___________________________
- Property Description
Property Address: ___________________________
City/State/Zip: ____________________________
Legal Description: __________________________
(This information can usually be found on the property deed or tax bill.) - Beneficiary(s)
Primary Beneficiary Full Name: _______________
Address: __________________________________
City/State/Zip: ____________________________
Alternate Beneficiary Full Name: _____________
Address: __________________________________
City/State/Zip: ____________________________
(Include alternate beneficiary information if you wish to name a secondary recipient should the primary beneficiary predecease you.) - Notarization Clause
This document must be signed in the presence of a Notary Public to be legally effective. Ensure a Notary Public signs and seals below.
Upon completion, the transfer-on-death deed must be filed with the appropriate county registry of deeds before the owner’s death to be effective. Filing procedures and fees may vary by county.
Owner Signature: _______________________________ Date: ____________
Notary Public Signature: ________________________ Date: ____________
This document was notarized in the County of ____________, State of Massachusetts.
Seal:
Remember, a transfer-on-death deed is a revocable document. This means you can cancel or change it at any time before your death, as long as the cancellation or change complies with Massachusetts law. It is recommended to consult with a legal professional to ensure that this deed aligns with your overall estate plan and meets all legal requirements.
File Overview
| Fact Name | Description |
|---|---|
| Definition | A Transfer-on-Death Deed allows an individual to transfer real estate to a beneficiary upon the individual's death, without the need for probate. |
| Governing Law | The Massachusetts Transfer-on-Death Deed is governed by Massachusetts General Laws Chapter 191, Section 18. |
| Revocability | The deed can be revoked at any time before the death of the grantor, allowing flexibility in estate planning. |
| Beneficiary Designation | Multiple beneficiaries can be named, and the deed can specify how the property is to be divided among them. |
| Filing Requirements | The deed must be recorded with the appropriate registry of deeds in Massachusetts to be effective. |
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