14-6101. Nonprobate transfers on death;
nontestamentary nature
A. A provision for a nonprobate transfer on death in any insurance policy, contract
of employment, bond, mortgage, promissory note, certificated or uncertificated security,
account agreement, custodial agreement, deposit agreement, compensation plan, pension
plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift,
marital property agreement or other written instrument of a similar nature is
nontestamentary.
B. A written instrument is nontestamentary if it contains a provision that:
1. Money or other benefits due to, controlled by or owned by a decedent before
death shall be paid after the decedent's death to a person whom the decedent designates
either in the instrument or in a separate writing, including a will, executed either
before or at the same time as the instrument, or later.
2. Money due or to become due under the written instrument ceases to be payable in
the event of death of the promisee or the promisor before payment or demand.
3. Any property that is controlled by or owned by the decedent before death and
that is the subject of the written instrument passes to a person the decedent designates
either in the written instrument or in a separate writing, including a will, executed
either before or at the same time as the instrument or later.
C. This section does not limit rights of creditors under other laws of this state.
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