Texas Estates Code Title 2, Chapter 114 - Transfer On Death Deed

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 114.001 - Short Title
  This chapter may be cited as the Texas Real Property Transfer on Death Act. Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462),...
• Texas Section 114.002 - Definitions
  (a) In this chapter: (1) "Beneficiary" means a person who receives real property under a transfer on death deed. (2) "Designated beneficiary" means a person...
• Texas Section 114.003 - Applicability
  This chapter applies to a transfer on death deed executed and acknowledged on or after September 1, 2015, by a transferor who dies on or...
• Texas Section 114.004 - Nonexclusivity
  This chapter does not affect any method of transferring real property otherwise permitted under the laws of this state. Added by Acts 2015, 84th Leg.,...
• Texas Section 114.005 - Uniformity Of Application And Construction
  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter...

SUBCHAPTER B AUTHORIZATION, EXECUTION, AND REVOCATION OF TRANSFER ON DEATH DEED

• Texas Section 114.006 - Relation To Electronic Signatures In Global And National Commerce Act
  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), except that this...
• Texas Section 114.051 - Transfer On Death Deed Authorized
  An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death...
• Texas Section 114.052 - Transfer On Death Deed Revocable
  A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision. Added by Acts 2015, 84th Leg.,...
• Texas Section 114.053 - Transfer On Death Deed Nontestamentary
  A transfer on death deed is a nontestamentary instrument. Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1,
• Texas Section 114.054 - Capacity Of Transferor; Use Of Power Of Attorney
  (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b)...
• Texas Section 114.055 - Requirements
  To be effective, a transfer on death deed must: (1) except as otherwise provided in Subdivision (2), contain the essential elements and formalities of a...
• Texas Section 114.056 - Notice, Delivery, Acceptance, Or Consideration Not Required
  A transfer on death deed is effective without: (1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2)...

SUBCHAPTER C EFFECT OF TRANSFER ON DEATH DEED; LIABILITY OF TRANSFERRED PROPERTY FOR CREDITORS' CLAIMS

• Texas Section 114.057 - Revocation By Certain Instruments; Effect Of Will Or Marriage Dissolution
  (a) Subject to Subsections (d) and (e), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if...
• Texas Section 114.101 - Effect Of Transfer On Death Deed During Transferor's Life
  During a transferor's life, a transfer on death deed does not: (1) affect an interest or right of the transferor or any other owner, including:...
• Texas Section 114.102 - Effect Of Subsequent Conveyance On Transfer On Death Deed
  An otherwise valid transfer on death deed is void as to any interest in real property that is conveyed by the transferor during the transferor's...
• Texas Section 114.103 - Effect Of Transfer On Death Deed At Transferor's Death
  (a) Except as otherwise provided in the transfer on death deed, this section, or any other statute or the common law of this state governing...
• Texas Section 114.104 - Transfer On Death Deed Property Subject To Liens And Encumbrances At Transferor's Death; Creditors' Claims
  (a) Subject to Section 13.001, Property Code, a beneficiary takes the real property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests...
• Texas Section 114.105 - Disclaimer
  A designated beneficiary may disclaim all or part of the designated beneficiary's interest as provided by Chapter 122. Added by Acts 2015, 84th Leg., R.S.,...

SUBCHAPTER D FORMS FOR TRANSFER ON DEATH DEED

• Texas Section 114.106 - Liability For Creditor Claims; Allowances In Lieu Of Exempt Property And Family Allowances
  (a) To the extent the transferor's estate is insufficient to satisfy a claim against the estate, expenses of administration, any estate tax owed by the...
• Texas Section 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...
• Texas Section 114.152 - Optional Form Of Revocation
  The following form may be used to create an instrument of revocation under this chapter. CANCELLATION OF TRANSFER ON DEATH DEED IMPORTANT NOTICE TO OWNER:...

Last modified: September 28, 2016