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Bill

S 3679

Establishes "Uniform Real Property Transfer on Death Act."

2026-2027 Regular Session Introduced by Paul Moriarty and 1 co-sponsor

Allows real property to pass to designated beneficiaries at death via a revocable TOD deed, subject to liens, survivorship, and probate rules.

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
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Bill Summary · S 3679

Summary of Bill S 3679 (NJ) — Uniform Real Property Transfer on Death Act

Purpose

establishes the Uniform Real Property Transfer on Death Act (TOD Act) for New Jersey. The act creates a standardized framework allowing an individual to transfer real property in New Jersey to designated beneficiaries upon the transferor’s death via a transfer on death deed (TOD deed). The act follows the Uniform Law Commission’s 2009 model act.

Key Provisions

  • Definitions (Section 2):

    • Beneficiary, Designated Beneficiary, Joint Owner, Property (real property in NJ that is transferable on death), Transfer on Death Deed, Transferor.
    • Clarifies who may be a “person” or entity under the act.

  • Eligibility and Form of TOD Deed (Section 3):

    • An individual aged 18 or older and of sound mind may create a TOD deed designating one or more beneficiaries.
    • TOD deed is revocable, non-testamentary, and must have essential elements of a properly recorded inter vivos deed, with proper acknowledgment.
    • TOD deed becomes effective at the transferor’s death, and must be recorded in the county where the property is located.
    • TOD deeds operate without needing notice, delivery, acceptance, or consideration.

  • Revocation and Amendments (Section 4):

    • TOD deeds or portions can be revoked only by specified instruments (e.g., a later TOD deed revoking the earlier one, an instrument of revocation, or an inter vivos deed expressly revoking the TOD deed) and must be properly acknowledged and recorded.
    • If multiple transferors own the property, revocation effects apply proportionally and require all living joint owners to revoke for joint ownership to be affected.
    • After recording, a TOD deed cannot be revoked by a revocatory act (e.g., burning or destroying the deed) post-recording.
    • The act does not restrict other forms of transfer outside TOD arrangements.

  • Life-Time Protections and Effects (Section 5):

    • TOD deeds do not affect the transferor’s rights to transfer or encumber property, nor the rights of transferees, creditors, or eligibility for public assistance during the transferor’s life.
    • TOD deeds do not create vested interests for designated beneficiaries during the transferor’s life.

  • At Death—Transfer Mechanics (Section 6):

    • Upon death, designated beneficiaries receive the property as specified, subject to the deed’s terms.
    • Beneficiary interests depend on survivorship: if the designated beneficiary does not survive, the interest lapses; concurrent beneficiaries receive undivided, equal shares without survivorship rights.
    • If multiple designated beneficiaries are named for concurrent interests, a lapse by one beneficiary is allocated among the remaining beneficiaries proportionally.
    • Beneficiary takes subject to all existing liens, encumbrances, contracts, and other interests; recording of the TOD deed is treated as having occurred at death.
    • If the transferor is a joint owner, surviving joint owners or last-surviving joint owner determine the TOD deed’s executability.
    • TOD transfers are conveyed without warranty of title.
    • Beneficiaries may disclaim all or part of their interest per existing disclaimer provisions.

  • Estate Claims and Liens (Section 7):

    • If the probate estate is insufficient to satisfy allowed claims or statutory allowances, the transferred property may be liable to satisfy those claims against the transferred property.
    • If multiple properties are TOD-transferred, liability is apportioned proportionally to net values.
    • Any enforcement action must be commenced within 18 months of the transferor’s death.

  • Non-Preemption and Electronic Signatures (Sections 8–9):

    • The TOD act does not interfere with other permitted transfer methods.
    • The act includes provisions on electronic signatures and their relationship to federal law, with specific limitations consistent with federal law.

  • Effect and Severability; Effective Date (Sections 10–11):

    • Provisions are severable if any part is invalid.
    • The act takes effect immediately and applies to TOD deeds made before, on, or after the effective date for transfers occurring on or after the effective date.

Affected Parties and Impacts

  • Property Owners (Transferors): May create revocable TOD deeds to designate beneficiaries to receive property after death, with certain survivorship rules and limitations.
  • Beneficiaries/Designated Beneficiaries: Stand to receive real property at the transferor’s death, subject to survivorship, liens, and encumbrances.
  • Joint Owners: Rules specify how TOD deeds interact with joint ownership and survivorship.
  • Creditors and Probate Estate: TOD transfers can impact claims against the transferor’s probate estate; liability for claims may reach the TOD-transferred property if the estate is insufficient.

Timeline and Procedure

  • TOD deeds must be recorded in the county where the property is located.
  • Revocation rules require proper acknowledgment and recording.
  • Enforcement of certain claims related to TOD property must be initiated within 18 months after death.
  • The act applies to TOD deeds made before, on, or after the act’s effective date for deaths occurring on or after the effective date.

Sponsors: Senate Co-sponsors Shirley Turner and Paul Moriarty; introduced in 2026.

Compiled from official sources — confirm details with the bill’s official record.

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