§ 41-48. Nontestamentary transfer on death.

179 words·~1 min read·/nc/chapter-41/41-48

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Article and is not testamentary.

(b)The interest of a deceased owner when there are one or more surviving owners remains liable for the debts of the decedent in the same manner as the personal property included in the decedent's estate, and recovery of that interest shall be made from the surviving owner or owners when the decedent's estate is insufficient to satisfy the debts. The interest of a deceased sole owner, or the last to die of several owners, remains liable for the debts of the decedent in the same manner as the personal property included in the decedent's estate, and recovery of that interest shall be made from the TOD beneficiary when the decedent's estate is insufficient to satisfy the debts.

(c)This Article does not repeal or modify any provision of law relating to estate taxes. (2005-411, s. 1.)