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As of September 2019, the District of Columbia and the following states allow some form of TOD deed: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Illinois, Indiana, Kansas, Maine, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia,
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
The Real Property Transfer Tax is levied on each deed, instrument, or writing by which any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed. The tax rate is $3.30 per $1,000 of actual consideration on transactions that exceed $100.
The surviving owner shall present an application for certificate of title within 30 days of obtaining ownership. To transfer ownership from the deceased owner, the surviving owner must bring in the original title and original death certificate of deceased owner for transfer of title.
South Carolina does not recognize transfer-on-death (TOD) deeds. TOD deedswhere recognizedserve a purpose similar to life estate deeds without restricting the owners property rights during life. Another South Carolina deed form relevant to estate planning is called a deed of distribution.
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You must sign the deed and get your signature docHubd, and then record (file) the deed before your death with the county clerk, circuit clerk, or recorders office (the name varies by county) in the county where the real estate is located. Otherwise, it wont be valid.
Arkansas allows you to leave real estate with transfer-on-death deeds. These deeds are also called beneficiary deeds. You sign and record the deed now, but it doesnt take effect until your death.
Alabama does not allow real estate to be transferred with transfer-on-death deeds.
TOD Deeds Are Less Costly and Less Complex Than Living Trusts. Transfer on death deeds are a simplified document that specifies the owner of the real estate, the legal details of the real estate, and the beneficiaries that are going to inherit the property when the current owner passes away.
In South Carolina, probate for small estates is required. A small estate is considered to be an estate that is valued at $25,000 or less in assets and no real property. If those two conditions are met for a small estate, a case will have to be filed with the probate court.

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