Sec. 114.151. OPTIONAL FORM FOR TRANSFER ON DEATH DEED. The following form may be used to create a transfer on death deed.
REVOCABLE TRANSFER ON DEATH DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
IMPORTANT NOTICE TO OWNER: You should carefully read all the information included in the instructions to this form. You may want to consult a lawyer before using this form.
MUST RECORD DEED: Before your death, this deed must be recorded with the county clerk where the property is located, or it will not be effective.
MARRIED PERSONS: If you are married and want your spouse to own the property on your death, you must name your spouse as the primary beneficiary. If your spouse does not survive you, the property will transfer to any listed alternate beneficiary or beneficiaries on your death.
1. Owner (Transferor) Making this Deed:
___________________________ ____________________
Printed name Mailing address
2. Legal Description of the Property:
___________________________________________________
3. Address of the Property (if any) (include county):
___________________________________________________
4. Primary Beneficiary (Transferee) or Beneficiaries (Transferees)
I designate the following beneficiary or beneficiaries, if the beneficiary survives me:
___________________________ ____________________
Printed name Mailing address
5. Alternate Beneficiary or Beneficiaries (Optional)
If no primary beneficiary survives me, I designate the following alternate beneficiary or beneficiaries:
___________________________ ____________________
Printed name Mailing address
6. Transfer on Death
At my death, I grant and convey to the primary beneficiary or beneficiaries my interest in the property, to have and hold forever. If at my death I am not survived by any primary beneficiary, I grant and convey to the alternate beneficiary or beneficiaries, if designated, my interest in the property, to have and hold forever. If the primary and alternate beneficiaries do not survive me, this transfer on death deed shall be deemed canceled by me.
7. Printed Name and Signature of Owner Making this Deed:
___________________________ ____________________
Printed Name Date
___________________________
Signature
BELOW LINE FOR NOTARY ONLY
Acknowledgment
STATE OF ____________________
COUNTY OF ___________________
This instrument was acknowledged before me on the ______ day of ______________, 20____,
by ___________________.
Notary Public, State ofAfter recording, return to:
(insert name and mailing address)
________________________________
________________________________
INSTRUCTIONS FOR TRANSFER ON DEATH DEED
DO NOT RECORD THESE INSTRUCTIONS
Instructions for Completing the Form
1. Owner (Transferor) Making this Deed: Enter your first, middle (if any), and last name here, along with your mailing address.
2. Legal Description of the Property: Enter the formal legal description of the property. This information is different from the mailing and physical address for the property and is necessary to complete the form. To find this information, look on the deed you received when you became an owner of the property. This information may also be available in the office of the county clerk for the county where the property is located. Do NOT use your tax bill to find this information. If you are not absolutely sure, consult a lawyer.
3. Address of the Property: Enter the physical address of the property.
4. Primary Beneficiary or Beneficiaries: Enter the first and last name of each person you want to get the property when you die. If you are married and want your spouse to get the property when you die, enter your spouse's first and last name (even if you and your spouse own the property together).
5. Alternate Beneficiary or Beneficiaries: Enter the first and last name of each person you want to get the property if no primary beneficiary survives you.
6. Transfer on Death: No action needed.
7. Printed Name and Signature of Owner: Do not sign your name or enter the date until you are before a notary. Include your printed name.
8. Acknowledgment: This deed must be signed before a notary. The notary will fill out this section of the deed.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Section: Previous 114.006 114.051 114.052 114.053 114.054 114.055 114.056 114.057 114.101 114.102 114.103 114.104 114.105 114.106 114.151Last modified: September 28, 2016