The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need to include it in a will.

A transfer on death deed (TODD), when lawfully executed, allows property owners to retain absolute title to and control over their land during their lives ( 76-3414). The deeds are also revocable (76-3413). In part, these features are possible because unlike traditional deeds (warranty deeds, quitclaim deeds, etc.), TODDs do not require consideration from or notice to the beneficiary ( 76-3411).

In addition to meeting the content requirements of traditional deeds, people who use or revoke TODDs must meet the same competency standards as for creating a will (76-3408). The statute also demands the signatures of two disinterested witnesses (76-3409). Further, the document must contain specific warnings and must be recorded before the owner's death and within thirty days of signing ( 76-3410).

The rules for revoking a recorded TODD are set out at 76-3413. They include executing and recording a document that specifically revokes the TODD ( 76-3413(1)(B)); a new TODD that revokes the previous deed and changes the beneficiary or details about the transfer (76-3413(1)(A)); or transferring the real estate with a traditional deed (76-3413 (1)(C)).

When the owner dies, the beneficiary may accept the transfer by recording the appropriate documentation (76-3412, 76-3415) or disclaim the interest as provided by section 30-2352 (76-3416).

Overall, transfer on death deeds are flexible tools to consider as part of a comprehensive estate plan, but each circumstance is unique. Please contact an attorney for complex situations or with specific questions.

(Nebraska TOD Package includes form, guidelines, and completed example)

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