Bill Text: IA SF2196 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the creation of a transfer on death designation affidavit, and providing penalties, and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-20 - Subcommittee, Fraise, Dvorsky, and Whitver. S.J. 284. [SF2196 Detail]
Download: Iowa-2011-SF2196-Introduced.html
Senate
File
2196
-
Introduced
SENATE
FILE
2196
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
the
creation
of
a
transfer
on
death
1
designation
affidavit,
and
providing
penalties,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.602,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
Record
a
transfer
on
death
designation
3
affidavit
created
pursuant
to
section
565C.1
and
presented
to
4
the
recorder’s
office
for
recording
in
the
same
manner
as
deeds
5
are
recorded.
The
recorder
shall
collect
a
fee
for
recording
6
the
affidavit
in
the
same
amount
as
the
fee
for
recording
deeds
7
and
shall
index
the
affidavit
in
the
name
of
the
owner
of
8
record
of
the
real
property
or
interest
in
the
real
property
9
who
executed
the
affidavit.
10
Sec.
2.
NEW
SECTION
.
565C.1
Transfer
on
death
designation
11
affidavit.
12
1.
a.
Any
individual
who
owns
real
property
or
any
13
interest
in
real
property
as
a
sole
owner,
tenant
in
common,
14
or
surviving
joint
tenant,
or
together
with
the
individual’s
15
spouse
owns
an
indivisible
interest
in
real
property
as
tenants
16
by
the
entireties,
may
designate
the
entire
interest,
or
any
17
specified
part
that
is
less
than
the
entire
interest,
in
18
such
real
property
as
transferable
on
death
to
a
designated
19
beneficiary
or
beneficiaries
by
executing,
together
with
the
20
individual’s
spouse,
if
any,
a
transfer
on
death
designation
21
affidavit
pursuant
to
this
section.
22
b.
If
the
affidavit
is
executed
by
an
individual
together
23
with
the
individual’s
spouse,
if
any,
the
dower
rights
of
the
24
spouse
are
subordinate
to
the
vesting
of
title
to
the
interest
25
in
the
real
property
in
the
transfer
on
death
beneficiary
or
26
beneficiaries
designated
under
this
section.
27
c.
The
affidavit
shall
be
recorded
in
the
office
of
the
28
county
recorder
in
the
county
in
which
the
real
property
is
29
located,
and,
when
recorded,
the
affidavit
or
a
certified
copy
30
of
the
affidavit
shall
be
evidence
of
the
transfer
on
death
to
31
the
beneficiary
or
beneficiaries
so
designated
in
the
affidavit
32
insofar
as
the
affidavit
affects
title
to
the
real
property.
33
2.
a.
If
an
individual
who
owns
real
property
or
an
34
interest
in
real
property
as
a
sole
owner
or
as
a
tenant
in
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common
executes
a
transfer
on
death
designation
affidavit,
1
upon
the
death
of
the
individual,
title
to
the
real
property
2
or
interest
in
the
real
property
specified
in
the
affidavit
3
vests
in
the
transfer
on
death
beneficiary
or
beneficiaries
4
designated
in
the
affidavit.
5
b.
If
an
individual
who
owns
real
property
or
an
interest
6
in
real
property
as
a
surviving
joint
tenant
executes
a
7
transfer
on
death
designation
affidavit,
upon
the
death
of
8
the
individual
or
of
one
but
not
all
of
the
surviving
joint
9
tenants,
title
to
the
real
property
or
interest
in
the
real
10
property
specified
in
the
affidavit
vests
in
the
surviving
11
joint
tenant
or
tenants.
Upon
the
death
of
the
last
surviving
12
joint
tenant,
title
to
the
real
property
or
interest
in
the
13
real
property
vests
in
the
transfer
on
death
beneficiary
or
14
beneficiaries
designated
in
the
affidavit,
subject
to
section
15
565C.2.
16
c.
If
an
individual
who
together
with
the
individual’s
17
spouse
owns
an
indivisible
interest
in
real
property
as
tenants
18
by
the
entireties
executes
a
transfer
on
death
designation
19
affidavit,
upon
the
death
of
the
individual,
title
to
the
20
real
property
or
interest
in
the
real
property
vests
in
the
21
remaining
tenant
by
the
entireties.
Upon
the
death
of
the
22
remaining
tenant
by
the
entireties,
title
to
the
real
property
23
or
interest
in
the
real
property
vests
in
the
transfer
on
death
24
beneficiary
or
beneficiaries
designated
in
the
affidavit,
25
subject
to
section
565C.2.
26
3.
A
transfer
on
death
designation
affidavit
shall
be
27
verified
before
any
person
authorized
to
administer
oaths
and
28
shall
include
all
of
the
following:
29
a.
A
description
of
the
real
property
affected
by
the
30
affidavit
and
a
reference
to
an
instrument
of
record
containing
31
that
description.
32
b.
If
less
than
the
entire
interest
in
the
real
property
33
is
to
be
transferred
on
death
under
the
affidavit,
a
statement
34
of
the
specific
interest
or
part
of
the
interest
in
the
real
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property
that
is
to
be
so
transferred.
1
c.
A
statement
by
the
individual
executing
the
affidavit
2
that
the
individual
is
the
person
appearing
on
the
instrument
3
of
record
of
the
real
property
as
the
owner
of
the
real
4
property
or
interest
in
the
real
property
at
the
time
of
5
the
recording
of
the
affidavit
and
the
marital
status
of
the
6
owner.
If
the
owner
is
married,
the
affidavit
shall
include
a
7
statement
by
the
owner’s
spouse
stating
that
the
spouse’s
dower
8
rights
are
subordinate
to
the
vesting
of
title
to
the
real
9
property
or
interest
in
the
real
property
in
the
transfer
on
10
death
beneficiary
or
beneficiaries
designated
in
the
affidavit.
11
d.
A
statement
designating
one
or
more
persons,
identified
12
by
name,
as
the
transfer
on
death
beneficiary
or
beneficiaries.
13
4.
The
county
recorder
of
the
county
in
which
a
transfer
14
on
death
designation
affidavit
is
offered
for
recording
shall
15
receive
the
affidavit
and
record
it
in
the
same
manner
as
16
deeds
are
recorded.
The
county
recorder
shall
collect
a
fee
17
for
recording
the
affidavit
in
the
same
amount
as
the
fee
for
18
recording
deeds.
The
county
recorder
shall
index
the
affidavit
19
in
the
name
of
the
owner
of
record
of
the
real
property
or
20
interest
in
the
real
property
who
executed
the
affidavit.
21
5.
A
transfer
on
death
designation
affidavit
need
not
22
require
consideration
and
need
not
be
delivered
to
the
transfer
23
on
death
beneficiary
or
beneficiaries
designated
in
the
24
affidavit
to
be
effective.
However,
in
order
to
be
effective,
25
such
affidavit
shall
be
recorded
with
the
county
recorder
prior
26
to
the
death
of
the
individual
who
executed
the
affidavit.
27
6.
Upon
the
death
of
any
individual
who
owns
real
property
28
or
an
interest
in
real
property
that
is
subject
to
a
transfer
29
on
death
beneficiary
designation
made
under
a
transfer
on
death
30
designation
affidavit
as
provided
in
this
section,
the
real
31
property
or
interest
in
real
property
of
the
deceased
owner
32
shall
be
transferred
only
to
the
transfer
on
death
beneficiary
33
or
beneficiaries
who
are
identified
in
the
affidavit
by
name
34
and
who
survive
the
deceased
owner
or
who
are
in
existence
on
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the
date
of
death
of
the
deceased
owner.
1
7.
Any
person
who
knowingly
makes
a
false
statement
in
a
2
transfer
on
death
designation
affidavit
is
guilty
of
a
serious
3
misdemeanor.
4
8.
The
attorney
general
shall
prescribe
forms
and
adopt
5
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
6
section.
7
Sec.
3.
NEW
SECTION
.
565C.2
Designating
transfer
on
death
8
beneficiary.
9
1.
A
transfer
on
death
beneficiary
takes
only
the
interest
10
that
a
deceased
owner
of
the
interest
held
on
the
date
11
of
death,
subject
to
all
encumbrances,
reservations,
and
12
exceptions.
13
2.
If
two
or
more
owners
hold
title
to
the
interest
in
14
a
surviving
joint
tenancy,
the
death
of
all
except
the
last
15
surviving
joint
tenant
automatically
terminates
and
nullifies
16
any
transfer
on
death
beneficiary
designations
made
solely
17
by
the
deceased
surviving
joint
tenant
or
tenants
without
18
joinder
by
the
last
surviving
joint
tenant.
The
termination
or
19
nullification
of
any
transfer
on
death
beneficiary
designations
20
under
this
section
is
effective
as
of
the
date
of
death
of
21
a
deceased
surviving
joint
tenant.
No
affirmative
act
of
22
revocation
is
required
of
the
last
surviving
joint
tenant
23
for
the
termination
or
nullification
of
the
transfer
on
24
death
beneficiary
designations
to
occur
as
described
in
this
25
subsection.
If
the
last
surviving
joint
tenant
dies
without
a
26
transfer
on
death
beneficiary
designation,
the
entire
interest
27
of
that
last
surviving
joint
tenant
shall
be
distributed
as
28
part
of
that
tenant’s
probate
estate.
29
3.
If
owners
hold
title
to
the
interest
in
a
tenancy
by
the
30
entireties,
the
death
of
the
first
tenant
by
the
entireties
31
automatically
terminates
and
nullifies
any
transfer
on
32
death
beneficiary
designations
made
solely
by
that
deceased
33
first
tenant
without
joinder
by
the
remaining
tenant
by
the
34
entireties.
The
termination
or
nullification
of
any
transfer
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on
death
beneficiary
designations
under
this
subsection
is
1
effective
as
of
the
date
of
death
of
the
first
tenant
by
the
2
entireties.
No
affirmative
act
of
revocation
is
required
of
3
the
remaining
tenant
by
the
entireties
for
the
termination
or
4
nullification
of
the
transfer
on
death
beneficiary
designations
5
to
occur
as
described
in
this
subsection.
If
the
remaining
6
tenant
by
the
entireties
dies
without
a
transfer
on
death
7
beneficiary
designation,
the
entire
interest
of
that
remaining
8
tenant
shall
be
distributed
as
part
of
that
tenant’s
probate
9
estate.
10
Sec.
4.
APPLICABILITY.
11
1.
This
Act
does
not
affect
any
deed
executed
and
recorded
12
prior
to
the
effective
date
of
this
Act.
13
2.
This
Act
applies
to
a
transfer
on
death
designation
14
affidavit
recorded
on
or
after
the
effective
date
of
this
Act.
15
EXPLANATION
16
TRANSFER
ON
DEATH
DESIGNATION
AFFIDAVIT.
The
bill
creates
17
a
transfer
on
death
designation
affidavit
and
provides
that
18
any
individual
who
owns
real
property
or
any
interest
in
real
19
property
as
a
sole
owner,
tenant
in
common,
or
surviving
joint
20
tenant,
or
along
with
the
individual’s
spouse,
as
a
tenant
21
by
the
entireties,
may
designate
the
entire
interest,
or
any
22
specified
part
that
is
less
than
the
entire
interest,
in
23
that
real
property
as
transferable
on
death
to
a
designated
24
beneficiary
or
beneficiaries
by
executing,
together
with
the
25
individual’s
spouse,
if
any,
a
transfer
on
death
designation
26
affidavit.
If
the
affidavit
is
executed
by
an
individual
27
together
with
the
individual’s
spouse,
if
any,
the
dower
28
rights
of
the
spouse
are
subordinate
to
the
vesting
of
title
29
to
the
interest
in
the
real
property
in
the
transfer
on
death
30
beneficiary
or
beneficiaries
designated
in
the
affidavit.
31
TRANSFER
——
TYPES
OF
PROPERTY
INTERESTS.
32
SOLE
OWNER
——
TENANT
IN
COMMON.
If
an
individual
who
33
owns
real
property
or
an
interest
in
real
property
as
a
sole
34
owner
or
as
a
tenant
in
common
executes
a
transfer
on
death
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designation
affidavit,
upon
the
death
of
that
individual,
title
1
to
the
real
property
or
interest
in
the
real
property
specified
2
in
the
affidavit
vests
in
the
transfer
on
death
beneficiary
or
3
beneficiaries
designated
in
the
affidavit.
4
SURVIVING
JOINT
TENANT.
If
an
individual
who
owns
real
5
property
or
an
interest
in
real
property
as
a
surviving
joint
6
tenant
executes
a
transfer
on
death
designation
affidavit,
7
upon
the
death
of
that
individual
or
of
one
but
not
all
of
the
8
surviving
joint
tenants,
title
to
the
real
property
or
interest
9
in
the
real
property
specified
in
the
affidavit
vests
in
the
10
surviving
joint
tenant
or
tenants.
Upon
the
death
of
the
last
11
surviving
joint
tenant,
title
to
the
real
property
or
interest
12
in
the
real
property
vests
in
the
transfer
on
death
beneficiary
13
or
beneficiaries
designated
in
the
affidavit,
subject
to
the
14
interest
that
the
deceased
owner
or
owners
of
the
interest
15
held
on
the
date
of
death,
and
subject
to
all
encumbrances,
16
reservations,
and
exceptions.
17
TENANTS
BY
THE
ENTIRETIES.
If
an
individual
who
together
18
with
the
individual’s
spouse
owns
an
indivisible
interest
19
in
real
property
as
tenants
by
the
entireties
executes
a
20
transfer
on
death
designation
affidavit,
upon
the
death
of
that
21
individual,
title
to
the
real
property
or
interest
in
the
real
22
property
vests
in
the
remaining
tenant
by
the
entireties.
Upon
23
the
death
of
the
remaining
tenant
by
the
entireties,
title
to
24
the
real
property
or
interest
in
the
real
property
vests
in
25
the
transfer
on
death
beneficiary
or
beneficiaries
designated
26
in
the
affidavit,
subject
to
the
interest
that
the
deceased
27
owner
or
owners
of
the
interest
held
on
the
date
of
death,
and
28
subject
to
all
encumbrances,
reservations,
and
exceptions.
29
AFFIDAVIT
INFORMATION.
A
transfer
on
death
designation
30
affidavit
shall
be
verified
before
any
person
authorized
31
to
administer
oaths
and
shall
include
certain
information
32
including
a
description
of
the
real
property
affected
and
33
a
reference
to
an
instrument
of
record
containing
that
34
description,
a
statement
of
the
specific
interest
or
part
of
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the
interest
in
the
real
property
that
is
to
be
transferred,
1
a
statement
by
the
individual
executing
the
affidavit
that
2
the
individual
is
the
person
appearing
on
the
instrument
of
3
record
of
the
real
property
as
the
owner
of
the
real
property
4
or
interest
in
the
real
property
at
the
time
of
the
recording
5
of
the
affidavit
and
the
marital
status
of
that
owner
and
a
6
statement
by
the
owner’s
spouse,
if
applicable,
stating
that
7
the
spouse’s
dower
rights
are
subordinate
to
the
vesting
of
8
title
to
the
real
property
or
interest
in
the
real
property
in
9
the
transfer
on
death
beneficiary
or
beneficiaries
designated
10
in
the
affidavit,
and
a
statement
designating
the
name
of
11
one
or
more
persons
as
transfer
on
death
beneficiary
or
12
beneficiaries.
13
RECORDING
——
COUNTY
RECORDER.
The
county
recorder
of
the
14
county
in
which
a
transfer
on
death
designation
affidavit
is
15
offered
for
recording
shall
receive
the
affidavit
and
record
16
the
affidavit
in
the
same
manner
as
deeds
are
recorded.
The
17
county
recorder
shall
collect
a
fee
for
recording
the
affidavit
18
in
the
same
amount
as
the
fee
for
recording
deeds
and
shall
19
index
the
affidavit
in
the
name
of
the
owner
of
record
of
the
20
real
property
or
interest
in
the
real
property
who
executed
21
the
affidavit.
The
affidavit
is
required
to
be
recorded
with
22
the
county
recorder
prior
to
the
death
of
the
individual
who
23
executed
the
affidavit.
The
bill
makes
a
conforming
change
24
to
Code
section
331.602
relating
to
the
duties
of
a
county
25
recorder.
26
BENEFICIARY
IDENTIFICATION.
Upon
the
death
of
any
27
individual
who
owns
real
property
or
an
interest
in
real
28
property
that
is
subject
to
a
transfer
on
death
beneficiary
29
designation
made
under
a
transfer
on
death
designation
30
affidavit,
the
real
property
or
interest
in
real
property
of
31
the
deceased
owner
can
only
be
transferred
to
the
transfer
on
32
death
beneficiary
or
beneficiaries
who
are
identified
in
the
33
affidavit
by
name
and
who
survive
the
deceased
owner
or
who
are
34
in
existence
on
the
date
of
death
of
the
deceased
owner.
35
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S.F.
2196
FALSE
STATEMENT
——
PENALTY.
A
person
who
knowingly
makes
a
1
false
statement
in
a
transfer
on
death
designation
affidavit
is
2
guilty
of
a
serious
misdemeanor.
3
RULES.
The
attorney
general
is
required
to
prescribe
forms
4
and
adopt
rules
pursuant
to
Code
chapter
17A
to
administer
the
5
requirements
of
the
bill.
6
APPLICABILITY.
The
bill
does
not
affect
any
deed
executed
7
and
recorded
prior
to
the
effective
date
of
the
bill
and
8
applies
to
a
transfer
on
death
designation
affidavit
recorded
9
on
or
after
the
effective
date
of
the
bill.
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