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Beneficiary Liability: A beneficiary named in a TOD deed becomes personally liable for the property owners unsecured debts up to the value of the property received. This result may have been unintended by the owner and as an unpleasant surprise to the beneficiary.
In 2011, the North Dakota legislature enacted its version of the Uniform Real Property Transfer on Death Act (hereinafter, the North Dakota Transfer on Death Deed Act) authorizing the execution of a North Dakota Transfer on Death Deed with respect to North Dakota real property including mineral rights.
A transfer-on-death (TOD) arrangement is an estate planning tool that allows account owners to transfer assets from bonds, brokerage accounts, and stocks without going through probate proceedings. However, TOD does not avoid taxes.
Designated beneficiaries receive the funds without having to wait for probate to conclude, which can take months. A POD or TOD account allows loved ones to get money almost immediately. Typically, all they need to provide is the death certificate and identification to the account-holding institution.
The Revocable Transfer on Death Deed, also called TOD Deed or beneficiary deed, is a simple way to leave a residence to your beneficiaries without the need for probate.
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The reasoning behind POD and TOD accounts were to create an alternative to joint accounts another financial device that bypasses probate and overrides a will.

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