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Committee approves clarifying change so transfer‑on‑death deed capacity matches will capacity
2784291 · March 26, 2025
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Summary
The committee agreed to a bill clarifying that the capacity required to execute or revoke a transfer‑on‑death deed is the same capacity required to execute a will, resolving title company concerns about power‑of‑attorney signings.
The committee approved Senate Bill 728, which clarifies that the mental capacity required to make or revoke a transfer‑on‑death deed is the same standard used for executing a will.
Committee counsel explained the measure would add language referencing code section 36‑12‑8 so that the…
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