Texas Transfer-on-Death Deed Form

If you own some valuable possessions or real property, such as land or household, you may think of passing them to someone else after your death. You need to prepare certain legal forms and documents to enforce your wish legally. Below are details on how to do that using the Texas transfer-on-death deed form. Learn more about Deed Forms in our comprehensive guide – https://formspal.com/deed-forms/.

Transfer-on-Death Deed Laws and Requirements in Texas

There are specific legislation peculiarities and local deed filing requirements in each US state and county. We strongly advise you to always consult before proceeding to complete the transfer-on-death deed form.

Laws

You can find the necessary legal information on the matter in the Texas Property Code (Title 2, Chapter 5 on Conveyances). According to the local laws, the deed will only be valid after the applicant’s death. Until then, the subject property and ownership rights will remain intact. For instance, if you decide to sell some of the properties listed in the deed, the deed agreement concerning that property will be automatically nullified.

Signing Requirements

You must sign and date the form only in the presence of a notary public. You must sign the deed before your death, or it will not be valid.

Recording Requirements

You can familiarize yourself with some obligatory registration instructions below:

  • You must record the deed at the Register of Deeds at the County Clerk where the property is located.
  • After the form recording, keep it somewhere safe and at hand when required.
  • Bring the original form to the County Clerk’s office and make at least one extra copy of the completed and notarized transfer-on-death deed.
  • You must also bring your personality identification proof to be able to register.
  • After recording the form, ask the notary to return a copy with the recording information on it to you.

Fees

You may be charged to file the affidavit of death. Ask in advance how much money you need to pay. Call the County Clerk’s office to determine the current fee amount and whether they accept checks or online payments. Usually, the money is paid per page. Keep in mind that it might cost you more if you file the instructions.

How to Fill out and File a Transfer-on-Death Deed in Texas

When you have the opportunity, talk to a lawyer first, seeking legal assistance in filling out the form. Alternatively, use our form-building software to customize an online document effortlessly.

The checklist below might be helpful when filling out the form. As a property owner, you can follow these steps to create the deed agreement form:

1. Enter your name in the first section of the form. If you have changed your name since owning the property owner, write it as listed on the previous deed but mention your current name.

2. Indicate your accurate mailing address.

3. If more than one person owns the property, each of them must fill in their personal information.

4. In the second part of the form, you will have to leave the legal description of the property. Check what stands in the deed that you received when becoming an owner to fill that information out. If you do not have your copy, ask for it at the closest County Clerk’s office.

5. Be aware that the information written on your property tax bill is often incomplete. If you are not sure how to fill out this section, talk to a lawyer.

6. The third section requires the physical address of the property.

7. In the fourth section, you must enter the future beneficiaries’ data. These are the people whom you want to give your properties to after death. Please look at boxes A, B, or C and choose the one that suits your situation. Each box refers to the marital status of the owner.

The first case is for you if you are married and you own the property jointly with your spouse. If you want your spouse to get your part of the shared property after your death, checkbox section A. If you wish other beneficiaries to own your share rather than your spouse, checkbox section C. Write down their names and mailing addresses.

The second case refers to people who are married but own the property separately. If you wish to make your spouse the future owner of your property, fill out section B. If you want another person to inherit your properties, fill out section C.

The last case is when you are not married. Write down the name(s) of the supposed beneficiaries and their mailing address(es).

8. Leave the fifth section of the form clean.

9. In the sixth section, you must affix your signature.

10. There is also a section for the notary to fill out below the owner’s signature.

11. The last section is called “After Recording, Return to.” It stands for the property owner to fill out their name and return address.

Published: May 12, 2021