Proposal would set rules for claiming real estate left by deed

Each beneficiary would sign and record an affidavit, along with the owner's death certificate, to accept the property. This applies to each person named to receive real estate through a transfer-on-death deed who wants to accept it. A beneficiary may accept only for themself or a legal entity they are authorized to represent, not for another named beneficiary. The affidavit must state that the owner died, whether the owner and beneficiary were married when the owner died, and the property's legal description. The affidavit must be filed before the estate's deadline for creditor claims passes. For an owner's death on or after November 1, 2011, the papers must be recorded within nine months of the death. The nine-month limit does not apply to deaths before that date.

Unclaimed property could become part of the owner's probate estate after notice to named beneficiaries. This applies when no named beneficiary claims the real estate within one year after the owner's death and the owner's estate is opened for probate. If probate begins before the first anniversary of the owner's death, the personal representative must send new notice to each unclaimed beneficiary's last-known address, or publish notice if the address is unknown or the beneficiary died after the owner but before accepting. Any unclaimed interest left when the estate's creditor-claim deadline passes is forfeited to the estate. When new notice is required because probate began before the one-year anniversary, the interest cannot become estate property until 30 days after notice is mailed or published.

Some earlier beneficiary affidavits would count as accepting the property. This applies to an affidavit that accepts interests for some or all beneficiaries named in a transfer-on-death deed. At least one named beneficiary accepting an interest must have signed the affidavit. The rule applies only to affidavits recorded before November 1, 2023.