44-17-2. Requirements.

An interest in real estate may be titled in a transfer-on-death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer ownership of such interest upon the death of the record owner. A transfer-on-death deed need not be supported by consideration.#

The signature, consent, or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.#

To accept real estate pursuant to a transfer-on-death deed, a designated grantee beneficiary shall execute an affidavit affirming:#

1. (1)

   Verification of the record owner’s death;#

2. (2)

   Whether the record owner and the designated grantee beneficiary were married at the time of the record owner’s death; and#

3. (3)

   A legal description of the real estate.#

The designated grantee beneficiary shall attach a copy of the record owner’s death certificate to the affidavit provided for in subsection (c) of this Code section. For a record owner’s death occurring on or after July 1, 2024, the designated grantee beneficiary shall record such affidavit and related documents with the office of the clerk of superior court of the county where the real estate is located within nine months of the record owner’s death or the interest in the property shall revert to the deceased record owner’s estate; provided, however, that for a record owner’s death occurring before July 1, 2024, such recording of the affidavit provided for in subsection (c) of this Code section and related documents by the designated grantee beneficiary or beneficiaries shall not be subject to the nine-month time limitation.#