Texas Transfer-on-Death (Beneficiary) Deed

Texas Transfer-on-Death (Beneficiary) Deed

Use this form to leave your Texas real estate without probate. You retain ownership, responsibility, and control over the property during your life. After your death, ownership transfers to the beneficiary you name. We take you through all the steps, including:

  • writing a description of the property
  • naming your beneficiaries
  • checking over the completed deed, and
  • signing the deed and having it notarized.

You can create, save, and edit the form before you buy -- just set up a Nolo.com account. It's easy, free, and there's no obligation to purchase anything. If you buy the form, you'll be able to print, send, or download it at any time during your one-year subscription.

See below the form for a full product description.

 

 

After recording return to:


 

REVOCABLE TRANSFER ON DEATH DEED

(Texas Estates Code 114.001 to 114.152)

 

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 information on 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.

Alternate Selection: [number of owners]
Label Contract Text
One

Owner (Transferor) Making This Deed:

Printed name: 
Mailing address:  

Two

Owners (Transferors) Making This Deed:

Printed name: 
Mailing address:  

Printed name: 
Mailing address:  

Legal Description of the Property:

Address of the Property (if any) (include county):

 

 

Unchangeable Alternate Selection: [owners unchangeable]
Label Contract Text
One

Primary Beneficiary (Transferee) or Beneficiaries (Transferees) 

I designate the following beneficiary or beneficiaries, if the beneficiary survives me:

Repeatable section: [number of benes repeatable]

Printed name: 
Mailing address:  

Alternate Selection: [alternate bene one owner]
Label Contract Text
Yes

Alternate Beneficiary or Beneficiaries (Optional)

If no primary beneficiary survives me, I designate the following alternate beneficiary or beneficiaries:

Repeatable section: [alternate bene (r)]

Printed name: 
Mailing address:  

No  
Two

Primary Beneficiary (Transferee) or Beneficiaries (Transferees)

We designate the following beneficiary or beneficiaries, if the beneficiary survives us:

Repeatable section: [number of benes repeatable]

Printed name: 
Mailing address:  

Alternate Selection: [alternate bene two owners]
Label Contract Text
Yes

Alternate Beneficiary or Beneficiaries (Optional)

If no primary beneficiary survives us, we designate the following alternate beneficiary or beneficiaries:

Repeatable section: [alternate bene (r)]

Printed name: 
Mailing address:  

No  

Transfer on Death

Unchangeable Alternate Selection: [transfer unchangeable]
Label Contract Text
One

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.

Two

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.

Keep Together
Unchangeable Alternate Selection: [signature unchangeable]
Label Contract Text
One

Printed Name and Signature of Owner Making This Deed 

Signature: ______________________________
Date: __________________________________

Two

Printed Name and Signature of Owners Making This Deed

Signature: ______________________________
Date: __________________________________

Signature: ______________________________
Date: __________________________________


Page Break

 

Acknowledgment

STATE OF ______________________________

COUNTY OF ____________________________

 

This instrument was acknowledged before me on the __________ day of ____________________, 20_____, by  ______________________________________________
______________________________________________________________________________.

 

______________________________

Notary Public, State of ___________________________

 

[PERSONALIZED NOTARY SEAL]

 

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Avoid probate and pass on your Texas real estate with a simple transfer-on-death deed

If you own real estate in Texas and want to make sure that it passes to your heirs without the hassle of probate court, you can use Nolo's transfer-on-death (TOD) deed. This deed transfers ownership of your property just like a regular deed you might use to transfer real estate, but with a crucial difference: It doesn't take effect until after your death.

It's easy to make a TOD deed.  You'll simply complete the following steps:

  • fill in information about you and the property
  • name your beneficiaries
  • review the completed deed
  • sign the deed and have it notarized, and
  • record the deed at the recorder's office in the county where the property is located.

Take care of your beneficiaries and help them to avoid probate with this plain-English eForm from Nolo.

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