What does the Nebraska Transfer on Death (TOD) deed do?
In Nebraska, the TOD deed will transfer the described property to the named beneficiary, subject to any liens or mortgages (or other encumbrances) on the property at your death without going through probate.
Can I change a Transfer of Death Deed by My Will?
No. It can only be changed by a revocation that is recorded in the Register of Deeds office within 30 days of it being signed and before your death.
How do I make a TOD deed?
In addition to using the proper form, the TOD deed has certain requirements that must be met: (1) the TOD deed must be signed by two independent witnesses; (2) the independent witnesses and you (the property owner) must all appear before a notary public and have it acknowledged before the notary public or other individual authorized by law to take acknowledgments; (3) the TOD deed must be recorded in each county where any part of the property is located before your death and within 30 days of being signed.
Is the “legal description” of the property necessary?
Yes.
How do I find the “legal description” of the property?
The “legal description” for the property should be on the deed you received when you became an owner of the property. This information should also be available at the County Register of Deeds office for the county where the property is located. If you are not absolutely sure, consult a lawyer.
Can I change my mind before I record the TOD deed?
Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.
How do I “record” the TOD deed?
Take the completed and acknowledged form to [the office of the county register of deeds of the county where the property is located. Follow the instructions given by the county register of deeds to make the form part of the official property records. If the property is in more than one county, you should record the deed in each county or have a separate form for each county.
How do I revoke the TOD deed after it is recorded?
There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form in a similar fashion to what is done for the original transfer on death deed, and record it in each county where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each county where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.
What if I want to later put a deed of trust on this property?
You can do this. A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at your death. It does not matter whether it is done before or after you record this form.
