Transfer-on-Death Deed

BENEFICIARY DEED (TRANSFER-ON-DEATH DEED) — STATE OF ARKANSAS

Pursuant to Ark. Code Ann. § 18-12-608

Table of Contents

1. Caption and Title
2. Grantor/Owner Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Arkansas-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

BENEFICIARY DEED
(Transfer-on-Death Deed pursuant to Ark. Code Ann. § 18-12-608)

2. Grantor/Owner Information

THIS BENEFICIARY DEED is made on [__/__/____] by:

Owner (Grantor):

Additional Owner (if applicable):

3. Beneficiary Designation

Grantee-Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Beneficiary Deed is located in [________________________________] County, Arkansas, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Street Address (if applicable):
[________________________________], Arkansas [____]

Parcel ID/Tax Assessment Number: [________________________________]

5. Transfer-on-Death Designation

The Owner hereby conveys and transfers by beneficiary deed the above-described real property to the Grantee-Beneficiary(ies) identified in Section 3, effective only upon the death of the Owner, subject to the following:

1. Effective Date of Transfer: This transfer becomes effective only upon the death of the last surviving Owner. Until that time, the Owner retains full ownership, control, and all rights in the property.

2. Nontestamentary Nature: This beneficiary deed is nontestamentary in nature and is not subject to the requirements for execution of a will under Arkansas law.

3. No Present Interest: The Grantee-Beneficiary(ies) acquire(s) no present legal or equitable interest in the property during the Owner's lifetime.

4. Statutory Authority: This Beneficiary Deed is executed pursuant to Ark. Code Ann. § 18-12-608.

6. Revocability

THIS BENEFICIARY DEED IS REVOCABLE.

The Owner may revoke this Beneficiary Deed at any time during the Owner's lifetime by:

☐ Executing and recording an instrument of revocation

Requirements for Revocation:

• The revocation instrument must be executed by the Owner
• The revocation must be recorded in the office of the county recorder in the county where the property is located before the Owner's death
• If there are multiple owners, revocation by one is not effective unless executed by the last surviving owner and recorded before death
• A will cannot revoke, alter, or amend a beneficiary deed

If the Owner executes more than one beneficiary deed for the same property, § 18-12-608(e) makes the recorded deed last signed before death effective, regardless of the sequence of recording. A lifetime conveyance may leave no interest for the beneficiary deed to transfer, but it is not the statutory revocation instrument described in subsection (d).

7. Effect on Existing Interests

This Beneficiary Deed does not affect:

• Any existing mortgage, deed of trust, lien, or encumbrance on the property
• The rights of any secured creditor or lienholder
• The Owner's right to sell, mortgage, lease, or otherwise dispose of the property
• Existing conveyances or assignments of the property

The Grantee-Beneficiary(ies) shall take the property subject to the conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, mineral leases, and other encumbrances described in § 18-12-608(a)(1)(B), plus any Department of Human Services reimbursement claim authorized by § 20-76-436.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: The beneficiaries shall take the property as tenants in common in the shares designated in Section 3.
☐ Joint Tenants with Right of Survivorship: The beneficiaries shall take the property as joint tenants with right of survivorship.

For a successor grantee, identify the successor and state the exact condition on which the successor's interest vests, such as the primary grantee's failure to survive the Owner. Do not assume an unstated lapse or redistribution rule; have Arkansas counsel draft the contingency.

9. Signature and Notarization

OWNER'S SIGNATURE:

_____________________________________________
Signature of Owner

Printed Name: [________________________________]
Date: [__/__/____]

_____________________________________________
Signature of Additional Owner (if applicable)

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF ARKANSAS
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

WITNESS my hand and official seal.

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded before the Owner's death in the office of the county recorder for the county where the property is located
☐ An unrecorded beneficiary deed is not valid
☐ Recording fees per the county recorder's schedule apply

Upon the Owner's Death:

Confirm with the county recorder and title professional what proof of death or identity is required to update the record title. Section 18-12-608 authorizes a third party owing an obligation to require reasonable evidence of death and nonrevocation but does not prescribe one statewide post-death filing packet.

11. Arkansas-Specific Notes

Creditor Claims

Section 18-12-608 expressly preserves the listed lifetime conveyances and encumbrances and a Department of Human Services reimbursement claim. Other creditor questions depend on separate law and should not be inferred from the beneficiary-deed statute alone.

Medicaid Estate Recovery

The Arkansas Department of Human Services may pursue an authorized § 20-76-436 claim against the interest acquired by a beneficiary-deed grantee. On the grantee's written request, the Department has 30 calendar days to assert the claim or provide a recordable disclaimer and release. Cost-effectiveness and undue-hardship limits apply.

Title Insurance

Practitioners should confirm that the title insurance underwriter will insure title transferred by beneficiary deed. Acceptance varies among underwriters.

Distinction from URPTODA

Arkansas did not adopt the Uniform Real Property Transfer on Death Act. The beneficiary deed statute (Ark. Code Ann. § 18-12-608) is Arkansas's own enactment with its own specific requirements.

12. Sources and References

• Ark. Code Ann. § 18-12-608 — Beneficiary Deeds
• Ark. Code Ann. § 20-76-436 — Recovery of benefits from recipients' estates and beneficiary-deed interests
• Ark. Code Ann. § 26-60-102(12) — Transfer-tax exemption
• Arkansas Acts 2007, No. 243 — current beneficiary-deed structure and DHS recovery route
• Arkansas Acts 2021, No. 570 — current DHS recovery, release, and hardship amendments

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney before executing any beneficiary deed.