Hamilton County Transfer on Death Deed Form

Additional Nebraska and Hamilton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Hamilton County

Properties in any of these areas use Hamilton County forms:

• Aurora
• Giltner
• Hampton
• Hordville
• Marquette
• Phillips

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The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need to include it in a will.

A transfer on death deed (TODD), when lawfully executed, allows property owners to retain absolute title to and control over their land during their lives ( 76-3414). The deeds are also revocable (76-3413). In part, these features are possible because unlike traditional deeds (warranty deeds, quitclaim deeds, etc.), TODDs do not require consideration from or notice to the beneficiary ( 76-3411).

In addition to meeting the content requirements of traditional deeds, people who use or revoke TODDs must meet the same competency standards as for creating a will (76-3408). The statute also demands the signatures of two disinterested witnesses (76-3409). Further, the document must contain specific warnings and must be recorded before the owner's death and within thirty days of signing ( 76-3410).

The rules for revoking a recorded TODD are set out at 76-3413. They include executing and recording a document that specifically revokes the TODD ( 76-3413(1)(B)); a new TODD that revokes the previous deed and changes the beneficiary or details about the transfer (76-3413(1)(A)); or transferring the real estate with a traditional deed (76-3413 (1)(C)).

When the owner dies, the beneficiary may accept the transfer by recording the appropriate documentation (76-3412, 76-3415) or disclaim the interest as provided by section 30-2352 (76-3416).

Overall, transfer on death deeds are flexible tools to consider as part of a comprehensive estate plan, but each circumstance is unique. Please contact an attorney for complex situations or with specific questions.

(Nebraska TOD Package includes form, guidelines, and completed example)

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

This Transfer on Death Deed meets all recording requirements specific to Hamilton County.

Our Promise

The documents you receive here will meet, or exceed, the Hamilton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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