When I discuss beneficiary deeds with my clients, they often have several common questions about them.
Do I keep the deed?
Does it have to be taken to the courthouse?
Can you do this for me?
In order for a beneficiary deed to avoid probate and legally transfer your house to your loved ones upon your death, it has to be recorded with the recorder of deeds in the county you reside in. This is a process that your attorney should be familiar with and offer to do for you. Once the deed is recorded, it will be stamped (letting you know that it has been recorded) and should be returned to you.
I do not advocate attempting to create and file your own beneficiary deed, even if you’ve found a form or template online that you believe to be legally acceptable. While they may seem simple, there are important details and significant ramifications to beneficiary deeds.