Bill
HB 5333
Allows owners to transfer real property directly to designated beneficiaries at death via a recordable transfer-on-death instrument, avoiding probate for the property.
Status & procedural timeline
- Introduced: March 14, 2025 (filed)
- Committee activity: Referred to committees (Judiciary, later Higher Education; hearings and a committee substitute considered). Committee reported favorably as substituted (April 17, 2025).
- Floor action: Placed on calendar and passed on third reading (April 29–30, 2025). Recorded as “received from the House” and “reported engrossed” April 30, 2025.
- Subsequent referrals: Read first time and referred to Education K‑16 on May 1, 2025.
- Current referral (record shows): Referred to Joint Committee on Judiciary (earlier reference dated Jan 16, 2025).
Purpose and intent
- The bill would adopt the Uniform Real Property Transfer on Death Act (URPTODA) for the state. Its primary purpose is to allow owners of real property to transfer title at death directly to designated beneficiaries by recording a “transfer on death” (TOD) instrument, thereby avoiding probate for the transferred real estate.
Key provisions (general, reflecting the uniform act model)
- Transfer-on-death instrument: Establishes a statutory form and legal effect for a recorded transfer-on-death deed or instrument that names one or more beneficiaries to receive real property when the owner dies.
- Execution and recording: Specifies execution formalities (acknowledgment, witness/notary requirements) and requires the instrument to be recorded in the local land records during the owner’s lifetime to be effective.
- No present interest: The designated beneficiary gains no present ownership while the grantor (owner) is alive; the transfer becomes effective only upon the owner’s death.
- Revocation and changes: Details how the owner may revoke or change the TOD instrument — commonly by recording a revocation, recording a new TOD instrument, or by executing a lifetime conveyance of the property.
- Effect on liens and encumbrances: The TOD transfer does not extinguish existing mortgages, liens, or encumbrances; those remain attached to the property unless otherwise addressed.
- Rights of purchasers and creditors: Sets out protections for bona fide purchasers and treatment of creditor claims (generally creditors may still assert claims against the decedent’s estate or property as allowed under other law).
- Divorce and beneficiary designation: Typically provides that divorce or annulment revokes a spouse’s designation as beneficiary (subject to the state’s family law rules).
- Record‑keeping and title clearance: Establishes how a beneficiary demonstrates title at probate or in the land records (e.g., presenting death certificate and recorded TOD instrument).
Who would be affected
- Property owners who wish to transfer real property outside probate.
- Beneficiaries named under a TOD instrument (heirs at law may be affected).
- Lenders, title insurers, county recorder/registrar offices, estate planners, and probate courts.
- Potentially Medicaid/benefit eligibility and creditor claims — practical effects depend on interaction with state law.
Potential impacts and considerations
- Simplifies and speeds title transfer at death, reduces probate workload and costs for small estates.
- Raises planning considerations: owners must ensure TOD designations align with wills, trusts, and family‑law rights to avoid unintended disinheritance or conflicts.
- Does not eliminate existing mortgage or tax obligations attached to the property.
- May require public education for recording officers and attorneys; title insurers and lenders will need to adapt practices.
Next steps
- Bill has moved through committee and at least one chamber. It is (per actions listed) now read and referred in the other chamber to Education K‑16 (May 1, 2025) and remains subject to further committee consideration and final passage in both chambers before becoming law.
Compiled from official sources — confirm details with the bill’s official record.
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