The Significance of the Transfer-on-Death Deed

MichaelA. Kirtland and CatherineAnne Seal have published their article, The Significance of theTransfer-on-Death Deed, in the July/August 2007 issue of Probate and Property.

Here is the conclusion:

Simplification of peoples’ lives isan essential, though oft forgotten, purpose of government. Rightly or wrongly, many people see theavoidance of probate as an essential goal in their lives, believing it to be anexpensive vestige of an antiquated and Byzantine real property transfer system.The enactment of a transfer-on-death deed statute provides an alternative to probate,as well as to many other problematic methods of property transfer, benefitingclients and simplifying the real property transfers system. In a growing number of states suchtransfer-on-death deeds are providing an inexpensive alternative to probate, aswell as providing protection for the elderly client against unintended burdensagainst his or her real property.