Current through Chapter 381 of the 2024 Legislative Session
Section 563-D:11 - Revocation By Instrument Authorized; Revocation By Act Not PermittedI.(a) Subject to subparagraph (b), an instrument executed with the formalities of a deed pursuant to RSA 477:3 is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is one of the following:(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(B) An instrument of revocation that expressly revokes the deed or part of the deed; or(C) A deed that expressly revokes the transfer on death deed or part of the deed; and(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and is recorded at length in the registry of deeds for the county or counties in which the real estate lies by the earlier to occur of: (A) Sixty days from the execution of the instrument; and(B) The transferor's date of death.(b) If a transfer on death deed is made by more than one transferor: (1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.II. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.III This section does not limit the effect of an inter vivos transfer of the property.Added by 2024, 1:1, eff. 7/1/2024.