HB406 Alabama 2016 Session

Summary

Primary Sponsor

Corey Harbison

Republican

Session

Regular Session 2016

Title

Uniform Real Property Transfer on Death Act, adoption of, deeds, requirements

Summary

Alabama would adopt the Uniform Real Property Transfer on Death Act to let a property owner pass real estate to a designated beneficiary at death without probate, while retaining ownership rights during life.

What This Bill Does

The bill creates a mechanism to transfer real property at the owner's death using a transfer on death deed, avoiding probate. The owner keeps full control during life (can sell, revoke, or change the beneficiary) and the deed must be properly recorded before death. The transfer is non-testamentary and does not require notice or acceptance by the beneficiary during life; at death, the property passes to the designated beneficiary subject to existing liens and interests, with specific rules for joint ownership and survivorship. It also allows for liability rules toward creditors and allowances and provides forms and procedures for revocation and recording.

Who It Affects

• Property owners in Alabama who own real estate and want to pass it to someone after death without going through probate; they can create and record a transfer on death deed while retaining control during life.
• Designated beneficiaries named in transfer on death deeds (and related parties such as joint owners and creditors); they would receive the property at the owner's death, subject to survivorship rules, encumbrances, and potential creditor claims, and they may disclaimer if needed.

Key Provisions

• Adopts the Uniform Real Property Transfer on Death Act, allowing a transfer on death deed to pass real property to a designated beneficiary at the transferor's death without probate, with required recording and defined content.
• TOD deeds are revocable during the owner's life, non-testamentary, and require proper recording before death; at death, designated beneficiaries receive the property subject to survivorship rules and existing encumbrances, with liability rules for creditors and allowances.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal