RSA 563-D:11 · Revocation by Instrument Authorized; Revocation by Act not Permitted

563-D:11 Revocation by Instrument Authorized; Revocation by Act not Permitted. –

Copy link

I.

(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:

Copy link

(1)

Is one of the following:

Copy link

(A)

A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

Copy link

(B)

An instrument of revocation that expressly revokes the deed or part of the deed; or

Copy link

(C)

A deed that expressly revokes the transfer on death deed or part of the deed; and

Copy link

(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:

Copy link

(A)

Sixty days from the execution of the instrument; and

Copy link

(B)

The transferor's date of death.

Copy link

(b)

If a transfer on death deed is made by more than one transferor:

Copy link

(1)

Revocation by a transferor does not affect the deed as to the interest of another transferor; and

Copy link

(2)

A deed of joint owners is revoked only if it is revoked by all of the living joint owners.

Copy link

II.

After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.

Copy link

III.

This section does not limit the effect of an inter vivos transfer of the property. Source. 2024, 1:1, eff. July 1, 2024.

Copy link