The proposed bill introduces the "Uniform Real Property Transfer on Death Act" to Title 33 of the General Laws, establishing a legal framework for transferring real property upon the owner's death through a "transfer on death deed." This act allows property owners to designate beneficiaries who will receive the property directly, bypassing the probate process. Key definitions are provided, and the bill specifies that such deeds are revocable, nontestamentary, and do not require notice or acceptance by the beneficiary during the transferor's lifetime. It outlines the requirements for a valid transfer on death deed, including the necessity for recording it before the transferor's death and ensuring it meets the criteria of a recordable inter vivos deed.

The bill also amends existing laws regarding transfer on death deeds, clarifying that these deeds do not affect the rights of transferees or the transferor's creditors, nor do they create legal interests for designated beneficiaries until the transferor's death. It details the process for revocation of the deed, the transfer of interests upon the transferor's death, and the requirements for recording an affidavit post-death. Additionally, the bill emphasizes the need for uniformity in application across states and modifies aspects of the federal Electronic Signatures in Global and National Commerce Act. The act will take effect upon passage and applies to TOD deeds executed before, on, or after January 1, 2026, for transferors who die on or after that date.