The bill establishes a new chapter titled "Uniform Real Property Transfer on Death Act" within Title 33 of the General Laws, which details the procedures for transferring real property upon the owner's death via a transfer on death deed. It defines key terms such as "beneficiary," "designated beneficiary," and "transferor," and stipulates that the transfer on death deed becomes effective at the transferor's death without requiring notice or acceptance from the beneficiary during the transferor's lifetime. The bill emphasizes that these deeds are revocable and nontestamentary, thus bypassing the formalities associated with wills.

Additionally, the legislation outlines the requirements for a valid transfer on death deed, including the necessity for it to be recorded prior to the transferor's death and to include essential elements of a recordable deed. It specifies that a class gift may not be made by a transfer on death deed and that the capacity required to make or revoke such a deed is the same as that required to make a will. The bill introduces a new legal framework for revoking transfer on death deeds, requiring a specified form to be recorded before the owner's death to be effective.

The act applies to transfer on death deeds made before, on, or after January 1, 2026, by a transferor dying on or after that date. It also clarifies that the chapter does not affect any method of transferring property otherwise permitted under the law of the state. Furthermore, the legislation seeks to ensure uniformity in the application of the act across states, clarifying that it will supersede certain aspects of the federal Electronic Signatures in Global and National Commerce Act while remaining compliant with specific sections of that act. Overall, the legislation aims to simplify the property transfer process upon death, eliminating the need for probate.