Article On The Simplification Of Death Deeds In Connecticut

Tyler Gablenz (Quinnipiac University School of Law, Class of 2015) recently published an article entitled, Simplify The Process: Why Connecticut Should Adopt The Use Of Transfer On Death Deeds, 28 Quinnipiac Prob. L.J. 165-183 (2015). Provided below is an excerpt from the article:

At a time when the economy is struggling, Americans are looking for ways to save money. Hiring an attorney to handle one’s estate in probate court may be impossible or impracticable for many. One solution to this problem is the use of will substitutes, documents people may draft themselves, or with the assistance of a legal professional, that allow them to avoid going to probate court. One such document is a real property transfer on death deed, which allows an individual to turn over real property to a beneficiary without court involvement. A law has already been enacted in Connecticut, allowing the non-probate transfer of securities to designated beneficiaries at the death of the owner. A real property transfer on death deed act has been codified in only nineteen states, but many other legislatures, including Connecticut’s, have recently considered a change in the law.

This Note will provide an overview of the Connecticut probate process, introduce what a transfer on death deed is, outline how one is created, explore its effects (including the benefits and dangers of this type of deed), and discuss why states should consider enacting them.