Polk County Transfer on Death Deed (Tenants in Common) Form

Last validated August 10, 2026 by our Forms Development Team

Polk County Transfer on Death Deed (Tenants in Common) Form

Polk County Transfer on Death Deed (Tenants in Common) Form

Fill in the blank Transfer on Death Deed (Tenants in Common) form formatted to comply with all Nebraska recording and content requirements.

Document Last Validated 8/10/2026
Polk County Transfer on Death Deed (Tenants in Common) Guide

Polk County Transfer on Death Deed (Tenants in Common) Guide

Line by line guide explaining every blank on the Transfer on Death Deed (Tenants in Common) form.

Document Last Validated 8/10/2026
Polk County Completed Example of the Transfer on Death Deed (Tenants in Common) Document

Polk County Completed Example of the Transfer on Death Deed (Tenants in Common) Document

Example of a properly completed Nebraska Transfer on Death Deed (Tenants in Common) document for reference.

Document Last Validated 8/10/2026

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Polk County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Polk County Register of Deeds

Address:
Courthouse - 400 Hawkeye St, 2nd floor / PO Box 276
Osceola, Nebraska 68651

Hours: 8:00am-5:00pm M-F

Phone: (402) 747-5431

Recording Tips for Polk County:
  • Ensure all signatures are in blue or black ink
  • Bring your driver's license or state-issued photo ID
  • Leave recording info boxes blank - the office fills these

Cities and Jurisdictions in Polk County

Properties in any of these areas use Polk County forms:

  • Osceola
  • Polk
  • Shelby
  • Stromsburg

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Polk County

How do I get my forms?

Forms are available for immediate download after payment. The Polk County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Polk County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Polk County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Polk County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Polk County?

Recording fees in Polk County vary. Contact the recorder's office at (402) 747-5431 for current fees.

Questions answered? Let's get started!

Two owners of one Nebraska parcel, each holding an undivided share that answers only to that owner, are the title this deed is drawn for. It carries two transferors on a single instrument, a separate beneficiary designation for each undivided interest, and a separate signing set for each owner, so the first death moves one share and leaves the other exactly where it was.

An undivided share that does not wait for a second death

Nebraska's transfer on death act sorts co-owners by one question: does the title carry a right of survivorship? Neb. Rev. Stat. section 76-3402(4) answers it for tenants in common, defining a joint owner as an individual who owns concurrently with a right of survivorship and excluding a tenant in common who holds without one. Two consequences follow. The rule that only the deed of the last surviving joint owner operates has no application here, so each co-tenant's designation takes effect at that co-tenant's own death. The joinder rule for revoking a joint owners' deed drops away as well: under section 76-3413(b), a revocation signed by one transferor leaves the other transferor's interest untouched. A beneficiary deed written on undivided shares is really two designations traveling together.

How this version is configured

Section 6 states the undivided interest each transferor owns and transfers, in the fractions the vesting deed created, whether that is half apiece or an uneven split. Sections 7 through 10 give each transferor a designation of its own, primary and alternate, so one co-tenant may name two children while the other names a single beneficiary or a trustee. Sections 14 and 15 each carry a complete execution unit: the transferor's sworn declaration in the words the statute prints, a signature block with a printed name line, two disinterested witness blocks, and an officer certificate. Siblings holding inherited farm ground in undivided halves, and two unmarried buyers whose granting clause carried no survivorship language, present the pattern this deed recites. The form recites exactly two record owners holding undivided interests; a co-ownership that does carry survivorship answers to a different rule inside the same act, and the deed states that distinction on its face.

Signatures the officer watches

Nebraska asks more of a TOD deed than of an ordinary conveyance. Section 76-3409 has the transferor sign, has two disinterested witnesses attest in writing, and has all of those signatures made before an officer authorized to administer oaths, whose certificate follows in substantially the form the statute sets out. Because the co-tenants here make independent transfers, each one gets that full set on the form, which is what lets them sign days apart, in different counties, before different notaries. A witness cannot be a designated beneficiary or the heir, child, or spouse of one, which leaves the role to people outside the beneficiaries' families.

Thirty days, and then the record governs

Recording is an element of this deed rather than notice of it. Section 76-3410 calls for the instrument to reach the register of deeds in the property's county inside thirty days of signing and before the transferor dies. On a two-owner deed with staggered signings, that window opens at the earlier signing, which is why the completed example records promptly once both owners have signed. The deed itself is exempt from documentary stamp tax, and the Form 521 real estate transfer statement belongs to the later filing, the one that follows a death and makes a single owner's transfer effective.

What a designated beneficiary receives

At an owner's death the named beneficiary takes that owner's undivided interest, contingent on surviving by one hundred twenty hours unless the deed sets a different period, subject to the mortgages, easements, liens, and contracts burdening the property then. The act passes the interest without covenant or warranty of title. It also sends the transferor's unfinished business along with it: Nebraska inheritance tax reaches the property as though the owner had held it at death, and section 76-3417 can call a beneficiary to account where estate assets fall short of claims, statutory allowances, and administration expenses. The four warnings printed in the deed, including the property insurance warning added by LB422 in 2025, put those points in the statute's own words.

The package delivers the blank fillable deed, a completed example on a Buffalo County farm ground fact pattern, and a guide covering the fifteen numbered sections, the section 76-3409 formalities, and Nebraska recording format and fees. These materials are informational and are not legal advice.

Important: Your property must be located in Polk County to use these forms. Documents should be recorded at the office below.

This Transfer on Death Deed (Tenants in Common) meets all recording requirements specific to Polk County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Polk County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Polk County Transfer on Death Deed (Tenants in Common) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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