Current through 2024, ch. 69
Section 45-6-411 - Revocation by instrument authorized; revocation by act not permittedA. Subject to Subsection B of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(1) is acknowledged by the transferor after the acknowledgment of the deed being revoked;(2) is recorded before the transferor's death in the public records in the office of the county clerk for the county in which the deed is recorded; and(3) is:(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) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed.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.C. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.D. This section does not limit the effect of an inter vivos transfer of the property.1978 Comp., § 45-6-411, enacted by Laws 2013, ch. 38, § 11.Added by 2013, c. 38,s. 11, eff. 1/1/2014.