The bill amends Chapter 6, Title 15 of the Idaho Code by adding a new Part 5, which establishes the "Uniform Real Property Transfer on Death Act." This act allows individuals to transfer property to one or more beneficiaries effective upon the transferor's death through a transfer on death deed. The bill outlines definitions for key terms such as "beneficiary," "designated beneficiary," and "transferor," and specifies the requirements for creating a valid transfer on death deed, including the need for it to be recorded before the transferor's death. It also clarifies that such deeds are revocable and non-testamentary, meaning they do not require the same formalities as a will.
Additionally, the bill addresses the effects of a transfer on death deed during the transferor's life and at their death, including the rights of designated beneficiaries and the handling of creditor claims against the transferor's estate. It emphasizes that the provisions of this act do not affect other methods of property transfer allowed under Idaho law. The act is set to take effect on July 1, 2026, and includes a declaration of emergency to ensure its prompt implementation.