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A beneficiary deed is a legal document that allows a property owner to transfer real property to a named beneficiary upon their death. This type of transfer is known as a transfer on death deed and is a popular estate planning tool.
To draft a beneficiary deed, you must include the legal description of the property and the name of the beneficiary. The document must be signed and notarized, and may be required to be recorded with the county recorder's office in the county where the property is located.
Using a beneficiary deed can also help to avoid conflicts among heirs, as the transfer of property is clearly defined in the legal document. However, it's important to note that a beneficiary deed does not override a will or other estate planning documents. If the owner has conflicting instructions in these documents, the beneficiary deed may be invalidated.
Here are some key points to keep in mind when using a beneficiary deed:
By using a beneficiary deed, you can ensure that your property is distributed according to your wishes and avoid the costly and time-consuming probate process.
Identify the property to be transferred: Determine the property that you wish to transfer to your named beneficiary upon your death.
Name your beneficiary: Choose a beneficiary who will receive the property upon your death.
Draft the beneficiary deed: Prepare the legal document that includes the legal description of the property and the name of the beneficiary.
Sign and notarize the beneficiary deed: Execute the document in the presence of a notary public who will attest to your signature.
Record the beneficiary deed: Submit the executed and notarized document to the county recorder's office where the property is located for recording.
Review your estate plan: Ensure that your estate plan is consistent with the beneficiary deed and that there are no conflicting instructions.
Keep the beneficiary deed in a safe place: Store the beneficiary deed with your other important legal documents in a secure location that can be easily accessed by your loved ones.
Update the beneficiary deed as needed: If you sell or transfer the property, or if you wish to name a different beneficiary, you will need to execute a new beneficiary deed and record it with the county recorder's office.
By following these steps, you can ensure that your property is transferred to your named beneficiary upon your death and that your estate planning goals are met.