TRANSFER ON DEATH DEED

State of Texas

Pursuant to Texas Estates Code, Chapter 114

NOTICE: THIS DEED DOES NOT TRANSFER OWNERSHIP OF THE PROPERTY UNTIL THE DEATH OF THE TRANSFEROR. THE TRANSFEROR RETAINS FULL POWER AND AUTHORITY OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, MORTGAGE, ENCUMBER, OR REVOKE THIS DEED.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

ARTICLE I -- TRANSFEROR INFORMATION

Date of Execution: [__/__/____]

Transferor Name: [________________________________]

Transferor Date of Birth: [__/__/____]

Transferor Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Transferor Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Community Property Disclosure (if married):
☐ The property described herein is the Transferor's separate property.
☐ The property described herein is community property. Both spouses must sign if community property.
☐ The property described herein is a mix of community and separate property interests. Specify: [________________________________]

Co-Transferor / Spouse (if applicable):

Co-Transferor Name: [________________________________]

Co-Transferor Date of Birth: [__/__/____]

Co-Transferor Mailing Address:
[________________________________]
[________________________________]

ARTICLE II -- PROPERTY DESCRIPTION

The Transferor hereby makes this Transfer on Death Deed covering the following described real property located in the County of [________________________________], State of Texas:

Property Street Address:
[________________________________]
[________________________________]

Legal Description:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE III -- HOMESTEAD DISCLOSURE

Pursuant to the Texas Constitution, Article XVI, § 50, and Texas Property Code, Chapter 41, the Transferor makes the following homestead declaration:

☐ Homestead Property. The above-described property is the Transferor's homestead. The Transferor understands that if the Transferor is married, the spouse must also sign this Deed.

☐ Non-Homestead Property. The above-described property is NOT the Transferor's homestead.

Important Homestead Notice: Under Texas law, homestead property is subject to special protections. If the Transferor is survived by a spouse or minor children, the surviving spouse has a constitutional right to occupy the homestead. This Transfer on Death Deed does not override the surviving spouse's homestead rights under the Texas Constitution.

ARTICLE IV -- TRANSFER ON DEATH DESIGNATION

Pursuant to Tex. Est. Code § 114.051, the Transferor hereby transfers to the designated beneficiary(ies) listed below all of the Transferor's interest in the above-described real property, effective only upon the death of the Transferor:

Section 4.1 -- Primary Designated Beneficiary(ies)

Total percentage must equal 100%.

Section 4.2 -- Form of Co-Ownership Among Multiple Beneficiaries

If more than one primary beneficiary is designated, the beneficiaries shall take title as:

☐ Tenants in Common -- Each beneficiary receives an undivided fractional interest in the property as specified above. Upon a beneficiary's subsequent death, that beneficiary's share passes through his or her own estate.

☐ Joint Tenants with Right of Survivorship -- All beneficiaries hold equal shares with right of survivorship.

Section 4.3 -- Alternate (Contingent) Designated Beneficiary(ies)

If any primary designated beneficiary does not survive the Transferor, the deceased beneficiary's share shall pass to the following alternate beneficiary(ies):

Section 4.4 -- Survivorship Requirement

Pursuant to Tex. Est. Code § 114.102, a designated beneficiary must survive the Transferor by at least 120 hours to receive the property interest under this Deed. If a designated beneficiary does not survive the Transferor by 120 hours, the beneficiary is treated as having predeceased the Transferor.

☐ If no primary or alternate beneficiary survives the Transferor by 120 hours, the property shall pass through the Transferor's probate estate.

ARTICLE V -- TRANSFEROR'S RETAINED RIGHTS DURING LIFETIME

Pursuant to Tex. Est. Code § 114.101, this Transfer on Death Deed does not:

1. Transfer any present interest in the property during the Transferor's lifetime;
2. Affect the Transferor's right to sell, convey, assign, mortgage, encumber, lease, or otherwise dispose of the property;
3. Affect the Transferor's right to revoke this Deed at any time and for any reason;
4. Create any legal or equitable interest in the designated beneficiary during the Transferor's lifetime;
5. Affect the Transferor's eligibility for any homestead exemption, property tax freeze, or public assistance program;
6. Require notice to, delivery to, or acceptance by the designated beneficiary;
7. Require any consideration from the designated beneficiary.

The Transferor retains sole and absolute control of the property during his or her lifetime.

ARTICLE VI -- NONTESTAMENTARY NATURE

Pursuant to Tex. Est. Code § 114.053, this Transfer on Death Deed is nontestamentary in nature. This Deed:

• Is not a will or codicil;
• Is not subject to the statutory requirements for execution or revocation of wills under the Texas Estates Code;
• Does not invalidate or supersede any provision in the Transferor's will;
• Operates independently of any testamentary disposition;
• Is not subject to probate administration upon the Transferor's death.

ARTICLE VII -- REVOCATION

Section 7.1 -- Right to Revoke

Pursuant to Tex. Est. Code § 114.057, the Transferor may revoke this Transfer on Death Deed at any time during the Transferor's lifetime, provided the Transferor has the capacity to do so. A Transfer on Death Deed may not be made irrevocable.

Section 7.2 -- Methods of Revocation

This Deed may be revoked by any of the following methods:

1. Recorded Instrument of Revocation -- Execution and recording of a revocation instrument that expressly revokes this Deed, recorded in the office of the County Clerk of the county where the property is located;

2. Subsequent Transfer on Death Deed -- Execution and recording of a new Transfer on Death Deed that revokes this Deed in whole or in part;

3. Inter Vivos Conveyance -- Execution and recording of an inter vivos deed that expressly revokes this Deed in whole or in part.

Section 7.3 -- Ineffective Methods of Revocation

CRITICAL TEXAS-SPECIFIC NOTICE: Pursuant to Tex. Est. Code § 114.057, this Deed is not revoked by:
- A provision in a will or codicil (a will CANNOT revoke a Texas TODD);
- A revocable trust instrument;
- An unrecorded instrument of revocation;
- Destruction or physical alteration of the original Deed.

ARTICLE VIII -- EFFECT AT TRANSFEROR'S DEATH

Section 8.1 -- Transfer of Interest

Pursuant to Tex. Est. Code § 114.102, upon the Transferor's death, the following shall occur:

1. The interest in the property is transferred to the designated beneficiary(ies) in accordance with this Deed, provided the beneficiary survives the Transferor by at least 120 hours;
2. The transfer is subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests recorded before the Transferor's death;
3. The property passes subject to all statutory liens and claims against the Transferor's estate.

Section 8.2 -- Beneficiary's Liability for Creditor Claims

IMPORTANT: Pursuant to Tex. Est. Code § 114.106, a designated beneficiary who receives property under this Deed is liable for any allowed claim against the Transferor's probate estate and for statutory allowances to a surviving spouse and children, to the extent the Transferor's probate estate is inadequate to satisfy such claims and allowances. Creditors have a two-year window after the Transferor's death to pursue claims against the property transferred under this Deed.

Section 8.3 -- Disclaimer

Any designated beneficiary may disclaim all or part of the beneficiary's interest as provided by Texas Property Code, Chapter 240 (Uniform Disclaimer of Property Interests Act).

ARTICLE IX -- ENCUMBRANCES AND LIENS

The property interest transferred under this Deed at the Transferor's death shall be subject to:

☐ All recorded mortgages and deeds of trust
☐ All recorded liens and judgments
☐ All recorded easements and rights-of-way
☐ All recorded covenants, conditions, and restrictions (CC&Rs)
☐ All property tax liens and assessments
☐ All federal and state tax liens
☐ Homestead rights of a surviving spouse (if applicable)
☐ Any other encumbrances of record at the time of the Transferor's death

ARTICLE X -- RECORDING REQUIREMENTS

Section 10.1 -- Mandatory Recording Before Death

Pursuant to Tex. Est. Code § 114.055, this Transfer on Death Deed must be recorded before the Transferor's death in the office of the County Clerk for the county in which the property is located. An unrecorded Transfer on Death Deed is void and has no effect.

Section 10.2 -- Recording Information

Section 10.3 -- After Death Filing

Upon the Transferor's death, the designated beneficiary should file with the County Clerk:
1. A certified copy of the Transferor's death certificate;
2. An Affidavit of Heirship or Affidavit of Survivorship, if applicable;
3. Any required real property transfer tax declarations;
4. A change of ownership report (if required by the county appraisal district).

ARTICLE XI -- EXECUTION

Section 11.1 -- Transferor Signature

I, the undersigned Transferor, declare that I am executing this Transfer on Death Deed voluntarily, that I have the contractual capacity required under Tex. Est. Code § 114.054, and that I understand this Deed will transfer my interest in the above-described property to the designated beneficiary(ies) upon my death.

Transferor Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Transferor / Spouse Signature (if applicable): ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 11.2 -- Notary Acknowledgment

THE STATE OF TEXAS
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], 20[____], personally appeared:

[________________________________] (and [________________________________], if applicable),

known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this [____] day of [________________], 20[____].

Notary Public, State of Texas

Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE XII -- IMPORTANT NOTICES AND DISCLOSURES

Notice to Transferor

1. This Deed must be recorded before your death in the County Clerk's office where the property is located, or it will have no effect.
2. This Deed does not transfer any interest during your lifetime. You retain full ownership and control.
3. You may revoke this Deed at any time by recording a proper revocation or a new Transfer on Death Deed.
4. A will CANNOT revoke this Deed. Under Tex. Est. Code § 114.057, only a recorded instrument can revoke a Texas TODD.
5. 120-hour survivorship rule applies. A beneficiary must survive you by at least 120 hours (5 days) to receive the property.
6. Creditors have a two-year claim period. Under Tex. Est. Code § 114.106, creditors may pursue claims against the transferred property for up to two years after your death.
7. Homestead rights survive. If you are married and the property is your homestead, your surviving spouse retains constitutional homestead rights.
8. Consult an attorney regarding community property issues, tax consequences, and Medicaid eligibility.

Notice to Beneficiary

1. You have no rights to the property during the Transferor's lifetime.
2. The Transferor may sell, mortgage, or revoke this Deed without your knowledge or consent.
3. You must survive the Transferor by at least 120 hours to receive the property.
4. You may be liable for claims against the Transferor's estate for up to two years after the Transferor's death.
5. You should file appropriate documents with the County Clerk after the Transferor's death.

CHECKLIST FOR COMPLETION

☐ All Transferor information completed in Article I
☐ Community property status determined and disclosed (if married)
☐ Full legal description of property included in Article II
☐ Tax account / parcel number verified and included
☐ Homestead disclosure completed in Article III
☐ Spousal signature obtained if property is homestead or community property
☐ At least one primary beneficiary designated in Article IV
☐ Alternate beneficiaries designated (recommended)
☐ Form of co-ownership selected (if multiple beneficiaries)
☐ Deed signed by Transferor(s) before a Notary Public
☐ Notary acknowledgment completed with seal
☐ Deed recorded in the County Clerk's office before Transferor's death
☐ Copy retained by Transferor for personal records
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Texas Estates Code, Chapter 114 -- Transfer on Death Deed
• Tex. Est. Code § 114.051 -- Transfer on Death Deed Authorized
• Tex. Est. Code § 114.053 -- Nontestamentary Nature
• Tex. Est. Code § 114.054 -- Capacity of Transferor
• Tex. Est. Code § 114.055 -- Requirements for Valid TODD
• Tex. Est. Code § 114.057 -- Revocation by Transferor (will cannot revoke)
• Tex. Est. Code § 114.101 -- Effect During Transferor's Life
• Tex. Est. Code § 114.102 -- Effect at Transferor's Death (120-hour survivorship)
• Tex. Est. Code § 114.104 -- Optional Form of Transfer on Death Deed
• Tex. Est. Code § 114.106 -- Liability of Beneficiary for Creditor Claims (two-year period)
• Texas Constitution, Art. XVI, § 50 -- Homestead Protections
• Texas Property Code, Chapter 41 -- Homestead Exemption
• Texas Property Code, Chapter 240 -- Uniform Disclaimer of Property Interests Act
• Texas State Law Library: Transfer Property After Death Guide