Nonprobate transfers of farming implements at death. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill allows any interest in a farm implement to be transferred without probate to a designated beneficiary, referred to under the bill as a “TOD beneficiary,” at the death of the sole owner, or at the death of the last of multiple owners, subject to any lien or encumbrance against the farm implement, if certain conditions are met. Under the bill, “farm implement” is defined to mean a tractor or machine, including any associated accessories, attachments, fuel, and repair parts, used exclusively and directly in farming, with certain exceptions. In order to pass an interest in a farm implement without probate under the bill, the owner or owners must execute a document that designates a TOD beneficiary of the farm implement, lists all of the owners of the farm implement, and states that the transfer is effective only upon the death of the owner or owners. Further, under the bill, a document designating a TOD beneficiary must be executed pursuant to certain formalities, including that all owners sign the document and that their signatures be witnessed by two witnesses who, at the time they witnessed the signature, would be competent to testify as witnesses in court to the facts relating to execution. Any designation of an interest in a farm implement under the bill may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the TOD beneficiary, by executing and recording another document that designates a different TOD beneficiary or no beneficiary.

Who's behind it

Joan Ballweg, a Republican, is its author⁠.

14 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From CTS

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo