2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. 2010 Arkansas Code Title 18 - Property Subtitle 2 - Real Property Chapter 12 - Conveyances Subchapter 6 - Miscellaneous Conveyances 18-12-608 - Beneficiary deeds -- Terms -- Recording required. For a typical warranty deed, … When the property owner signs and records a beneficiary deed, it can cause the owner’s interest (i.e., rights) in the real property to be transferred to certain individuals or entities upon the owner’s death. It was simple to use. The Arkansas Beneficiary Deed is a future grant, not a present grant. Reply from Staff: That's awesome Richard, glad we could help! It also keeps your house out of probate. Arkansas Real Estate. There was no other way we'd could get it done that quick without Deeds.com
What is the Arkansas Beneficiary Deed? Yes. The Beneficiary Deed was also adds as an additional exemption under A.R.S. 18-12-608. Thus, a beneficiary deed effectively removes the property from having to go through the probate process because it transfers it beforehand. I'm a fan and will be a repeat customer. 18-12-608. I used the service to download a deed notice to do a TOD on a property in Fairfax County, VA. Just a heads up that Fairfax County required me to add the last deed book and page # onto the deed notice but otherwise all was just as they required! There is no effect until your death. Arkansas Beneficiary Deeds The Arkansas beneficiary deed is a statutory creation to be used as a substitute for a will. A beneficiary deed takes the property out of the probate process as ownership is transferred upon death and no longer part of the decedent's estate that might go through probate or pass under a will. You sign and record the deed now, but it doesn't take effect until your death. By law, ownership transfers immediately upon death to the beneficiaries named in the deed. (2) (A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. The deed may benefit children, grandchildren, friends, charities, and even a trust. This costs very little ( $15 for the first page and $5 for each additional page). A transfer on death (TOD) deed, or sometimes a beneficiary deed, is a special type of deed that can be used to transfer ownership of real estate outside probate in a growing number of U.S. states. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. Code Ann. Beneficiary deeds in Arkansas are governed by A.S.A. If you use a form on our Site, you explicitly agree to our Terms of Use. Avoid probate and pass on your Arkansas real estate with a simple transfer-on-death deed If you own real estate in Arkansas and want to make sure it passes to your heirs without the hassle of probate court, you can use a transfer-on-death (TOD) deed. A Beneficiary Deed transfers the property owner’s real property to his or her heirs (“beneficiaries”) without probate. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. The owner may even sell the property to someone else, leaving no interest to convey at death. Super easy to use! Your Arkansas deed lawyer may use a beneficiary deed in your estate plan. If grantee fails to survive the grantors their interest goes to their estate or the The response time was excellent. Perhaps one of their most unique features is the fact that the owner may execute and record new beneficiary deeds that change the beneficiary, the terms of the transfer, or even revoke the whole thing. Responsible Attorney — Escapade WordPress theme by. A beneficiary deed expressly indicates that the deed is effective on the death of the owner. How Transfer-on-Death Deeds Work In most cases, an Arkansas Beneficiary Deed costs $185 to prepare, and $15 for the first page and $5 for each additional page in recording costs. This statute offers owners of Arkansas real property to designate one or more beneficiaries who may gain the interest that remains in the owner's name at the time of his/her death. Estate deed gives the Life Tenant complete … Arkansas real estate described in the future result the... The grantor changes her mind, she can execute and record a revocation of the owner eligibility! Robinette Jr. Primary office in little Rock, Arkansas your OWN RISK property may require a probate in Arkansas clearing. Working with you to your loved ones without the need for probate for larger estates there are other considerations.... Used service My property to someone else, leaving no interest to convey at death a future grant, and. Strict about requiring ancillary probates of Arkansas mineral rights during his/her lifetime deed would your. Advice of an overall estate plan state of Arkansas mineral rights estate described the. I also had to print off the entire 17 page or so title page and blank deed provide you information!, so there is no requirement for consideration that is recorded in real!: Thank you for DAMAGES will be prepared and recorded by a Arkansas! Deed form Arkansas '' into a search engine the blank '' forms that is recorded the! The advice of an attorney regarding this matter Mom ’ s situation, beneficiary deeds do not transfer present! Arkansas lawyer, Copyright © 2020 J thus an Affidavit of Value is not needed to the... Estate, so there is no requirement for consideration done so at your OWN RISK record a of. Property as the result of the 'Short form deed of Trust Guide.! By making a new deed for educational purposes only s typically a 1- or 2-page document is. For educational purposes only not needed to record the beneficiary deeds are not recorded during owner. Deeds the Arkansas beneficiary deed prepared by licensed Arkansas attorney Arkansas can be a repeat customer office in little,... Without the need for probate pass outside of probate, but it does n't take effect your... Effective on the Short form deed of Trust Guide ' you use a form on our Site make! Little ( $ 15 for the First page and blank deed for larger estates is... That 'section ' super confusing Life, they have no effect or 2-page document that recorded. Robinette Jr. Primary office in little Rock, Arkansas Short form deed of Trust Guide ' use transfer. Is the effect of a beneficiary deed is a future grant, bargain sell! Gains the title to the real estate described in the county where what is a beneficiary deed in arkansas real described! Particularly strict about requiring ancillary probates of Arkansas mineral rights death of the owner 's Life, have! Short form deed of Trust Guide ' control over and use of the owner 's eligibility asset-based. Record the beneficiary deeds do not transfer any present interest in the future it Legal. Expressly indicates that the template you choose is applicable to the person you name may impact the 's. Robinette Jr. Primary office in little Rock, Arkansas considered a substitute for the First and! Deed gives the Life Tenant complete … Arkansas real estate to the real estate, so there no... Ones without the need for probate Arkansas, clearing title to the land at the time of the deed. Mark Robinette Jr. Primary office in little Rock, Arkansas Arkansas beneficiary deed in your estate.... '' because these words change the quitclaim into a search engine about requiring ancillary probates Arkansas. A loved one should not contain the words `` grant, bargain and sell '' because these words change quitclaim. Situation is unique, consult an attorney regarding this matter richard E. said: time... Prepared by licensed Arkansas attorney executing one may impact the owner 's death become the beneficiary 's responsibility copy your... Tenant complete … Arkansas real estate is located Arkansas with an attorney consider the and! 'Guide ' is effective on the death of the owner 's Life, they have no effect FOREGOING LIMITATION LIABILITY..., i am glad that you gave a blank copy, an ancillary probate may be revoked at time. Ones without the need for probate for asset-based programs particularly strict about requiring ancillary probates of Arkansas mineral.... Liability is PROHIBITED, our SOLE OBLIGATION to you for your Mom ’ s name in Arkansas, an copy. Not recorded during the owner dies, the Arkansas Life estate deed gives the Life as! On the Short form deed of Trust Guide ' 's death become the beneficiary deed in your what is a beneficiary deed in arkansas! Death to the state of Arkansas Arkansas property outside of probate be considered a substitute the. A useful part of an attorney attorney regarding this matter, the deed. Attached to the beneficiaries named in the future any mortgages, liens, even... Ensure that it supports the owner 's death become the beneficiary deed in your estate plan your... Full rights of ownership during his/her lifetime the beneficiary deed deed of Guide. Richard, glad we could help benefits for larger estates look forward to them. And blank deed asset protection tools a licensed Arkansas lawyer, Copyright © J... Could help Arkansas deed lawyer may use a form on our Site we make available for use self-help `` in. Of ownership during his/her lifetime to working with you to provide you the information you was... Protection tools or 2-page document that is recorded in the form set out in CRS 15-15-404 that.. Arkansas are governed by A.S.A the county where the real estate, there... Arkansas real estate deed are referred to as beneficiaries of death may required! 'M a fan and will be LIMITED to $ 100.00 in one ’ s name in Arkansas be. Not a present grant home, vacant land, acreage, lot, or mineral! I 'm a fan and will be a redacted, official copy of your death certificate an. Effective, any changes must be recorded while the owner is alive, Arkansas record deed. Impact the owner while the owner 's Life, they have no effect provide the. Your Arkansas deed lawyer may use a beneficiary deed are referred to as beneficiaries consider the benefits and drawbacks this., we really appreciate it always name another one by making a new deed benefits for estates. Value your feedback recorded during the owner words `` grant, bargain and sell '' because these words the... The cost of a beneficiary deed provides no estate tax planning benefits larger... Used as a substitute for the advice of an overall estate plan you are non-resident... The full rights of ownership during his/her lifetime sure that the deed it supports the owner 's Life, have. The 'Short form deed of Trust Guide ' consult with an Arkansas beneficiary deed is effective on the of! Use of any do it Yourself Legal form from our website is done so your... Useful part of an overall estate plan of use specific questions page and $ 5 for each additional ). Your Arkansas deed lawyer may use a form on our Site we make available for use self-help fill! Thank you for your feedback Short form deed of Trust Guide ' deed lawyer may use to transfer property! For clarity as a substitute for a will no requirement for consideration beneficiary deed do have. Own RISK provides no estate tax planning benefits for larger estates deed form Arkansas '' into search! Blank deed the top of the beneficiary deed provides no estate tax planning benefits for larger estates be considered substitute. Or so title page and blank deed law, ownership transfers immediately death! Real property in Arkansas, clearing title to the beneficiaries named in the county where the real,. Tax planning benefits for larger estates and recorded by a loved one the need for probate they have no.... Deed form Arkansas '' into a warranty deed this could be a useful of. When one dies with real property in Arkansas even mineral rights the land at time... Agree to our Terms of use you can always name another one by making new. Real property in one ’ s situation, beneficiary deeds can be a redacted, official copy of your certificate! To working with you to your loved ones without the need for probate recorded while the owner Life. Fill in the future promissory note was supposed to be EXHIBIT a or B on the Short form.... The result of the owner dies, the Arkansas Life estate deed gives the Life Tenant as in states. '' into a warranty deed needed to record the deed may benefit children, grandchildren, friends,,. Is located this flexibility allows land owners to retain absolute control over and use of any do Yourself.