SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 3679

with committee amendments

STATE OF NEW JERSEY

DATED:  MAY 11, 2026

      The Senate Community and Urban Affairs Committee reports favorably and with committee amendments Senate Bill No. 3679.

      As amended and reported, this bill establishes the “Uniform Real Property Transfer on Death Act” (act).  The act was promulgated by the Uniform Law Commission in 2009.

      The bill permits an individual to transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death (TOD) deed.  The bill outlines various requirements for a TOD deed and explains that a TOD deed is effective without notice or delivery to the designated beneficiary, acceptance by the designated beneficiary, or consideration.

      An instrument can revoke a recorded TOD deed, or any part of it, only if the instrument meets certain criteria outlined in the bill.  If a TOD deed is made by more than one transferor: (1) revocation by a transferor does not affect the deed as to the interest of another transferor; and (2) a deed of joint owners is only revoked if it is revoked by all of the living joint owners. 

      The bill explains that during the transferor’s life, a TOD deed does not affect an interest or right of certain individuals outlined in the bill; it does not affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance; it does not create a legal or equitable interest in favor of the designated beneficiary; and it does not subject the property to the claims or process of a creditor of the designated beneficiary. 

      The bill outlines various rules that apply to the property that is subject of a TOD deed and owned by the transferor at death. 

      If a transferor is a joint owner and is: (1) survived by one or more other joint owners, the property that is subject to the TOD deed belongs to the surviving joint owners or owners with right of survivorship; or (2) the last surviving joint owner, the TOD deed is effective.

      Finally, the bill provides that if a transferor’s probate estate is insufficient to satisfy allowed claims, the estate is permitted to enforce the liability against the property transferred. 

      The bill takes effect 60 days after the date of enactment and applies to a TOD deed made on or after the effective date of the bill by a transferor dying on or after the effective date of the bill. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

•     delay the effective date by 60 days; and

•     make technical changes.