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Texas Transfer-on-Death Deed Sample

Texas Transfer-on-Death Deed Template

This Transfer-on-Death Deed is executed pursuant to Texas Estates Code, Section 112.051 et seq.

Grantor Information:

  • Name: _________________________
  • City, State, Zip: ________________

Grantee Information:

  • Name: _________________________
  • Address: _____________________
  • City, State, Zip: ________________

Property Description:

The undersigned Grantor hereby transfers the real property situated in ____________________ County, Texas, described as follows:

__________________________________________________________________________________

__________________________________________________________________________________

This Transfer-on-Death Deed shall become effective upon the death of the Grantor.

Execution:

By signing below, the Grantor affirms the transfer will only take effect upon their death and that they understand the implications of this deed.

In witness whereof, the Grantor has executed this Transfer-on-Death Deed on this ____ day of __________, 20___.

_______________________ _______________________

Grantor's Signature Notary Public Signature

_______________________ _______________________

Print Name Print Name

My Commission Expires: ________________

⇓ PDF File

Instructions on Utilizing Texas Transfer-on-Death Deed

Once you have the Texas Transfer-on-Death Deed form in hand, it’s time to fill it out carefully. This deed allows you to designate a beneficiary who will receive your property upon your passing, without the need for probate. Follow these steps to ensure that you complete the form correctly.

  1. Gather necessary information: Before you start, collect all relevant details about the property and the beneficiary. This includes the legal description of the property and the full name of the beneficiary.
  2. Fill in your name: At the top of the form, write your full name as the owner of the property.
  3. Provide property details: Clearly describe the property you are transferring. Include the address and legal description, which can often be found on your property deed.
  4. List the beneficiary: Write the full name of the person you wish to inherit the property. Ensure the name is spelled correctly to avoid any confusion later.
  5. Include alternate beneficiaries: If you want to name an alternate beneficiary, include their name in case the primary beneficiary cannot inherit the property.
  6. Sign the form: You must sign the deed in front of a notary public. This step is crucial, as it verifies your identity and intention.
  7. File the deed: After notarization, file the completed deed with the county clerk's office where the property is located. This step is necessary for the deed to be legally recognized.

After completing these steps, the deed will be officially recorded. Keep a copy for your records, and inform your beneficiary about the deed's existence. This ensures that they are aware of their future inheritance and can plan accordingly.

Misconceptions

The Texas Transfer-on-Death Deed is a valuable tool for estate planning, yet several misconceptions surround its use. Understanding these misconceptions can help individuals make informed decisions about their property and beneficiaries. Below is a list of six common misconceptions about the Texas Transfer-on-Death Deed.

  • It requires probate. Many people believe that a Transfer-on-Death Deed must go through probate. In reality, this deed allows for direct transfer of property to beneficiaries, bypassing the probate process entirely.
  • It is only for married couples. Some think that only married couples can use a Transfer-on-Death Deed. However, any individual owner of real property can execute this deed, regardless of their marital status.
  • It can be revoked easily. There is a misconception that once a Transfer-on-Death Deed is signed, it cannot be changed or revoked. In fact, the grantor can revoke or modify the deed at any time before their death, as long as they follow the proper procedures.
  • It affects property taxes. Some individuals worry that executing a Transfer-on-Death Deed will lead to immediate property tax consequences. The deed does not affect property taxes until the property is transferred to the beneficiaries after the grantor’s death.
  • It is only for residential properties. There is a belief that the Transfer-on-Death Deed applies solely to residential properties. In truth, it can be used for various types of real estate, including commercial properties and vacant land.
  • Beneficiaries have immediate access to the property. Many assume that beneficiaries can access the property as soon as the Transfer-on-Death Deed is executed. However, the beneficiaries do not gain any rights to the property until the grantor passes away.

By clarifying these misconceptions, individuals can better navigate their estate planning options and utilize the Texas Transfer-on-Death Deed effectively.

Documents used along the form

The Texas Transfer-on-Death Deed allows property owners to designate beneficiaries who will receive the property upon the owner's death, bypassing the probate process. When using this deed, several other documents may also be necessary to ensure a smooth transfer of ownership. Below are some commonly used forms and documents that complement the Transfer-on-Death Deed.

  • Affidavit of Death: This document confirms the death of the property owner. It typically includes details such as the owner's name, date of death, and other identifying information. This affidavit is often required to initiate the transfer process.
  • Durable Power of Attorney: This important document allows individuals to designate someone to make decisions on their behalf, particularly in times of incapacity. For more information, see the Durable Power of Attorney.
  • Beneficiary Designation Form: This form allows the property owner to specify who will inherit the property. It can help clarify the owner's intentions and ensure that the correct individuals receive the property upon their passing.
  • Warranty Deed: This document may be used to formally transfer property from the deceased owner to the beneficiaries after the owner's death. It provides a guarantee that the property is free of liens or claims, ensuring a clear title for the new owners.
  • Will: While not always necessary, a will can complement the Transfer-on-Death Deed by outlining the distribution of other assets and providing additional instructions for the estate. It can clarify the owner's wishes and help avoid potential disputes among heirs.

Utilizing these documents alongside the Texas Transfer-on-Death Deed can help streamline the property transfer process and ensure that the owner's wishes are honored. It is advisable to consult with a legal professional to ensure all forms are completed accurately and in accordance with state laws.