SECTION 1. Subtitle C, Title
2, Estates Code, is amended by adding Chapter 114 to read as follows:
CHAPTER 114. TRANSFER ON
DEATH DEED
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 114.001. SHORT
TITLE. This chapter may be cited as the Texas Real Property Transfer on
Death Act.
Sec. 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 designated to receive real property in a
transfer on death deed.
(3) "Joint owner
with right of survivorship" or "joint owner" means an
individual who owns real property concurrently with one or more other
individuals with a right of survivorship. The term does not include a
tenant in common or an owner of community property with or without a right
of survivorship.
(4) "Person"
has the meaning assigned by Section 311.005, Government Code.
(5) "Real
property" means an interest in real property located in this state.
(6) "Transfer on
death deed" means a deed authorized under this chapter.
(7)
"Transferor" means an individual who makes a transfer on death
deed.
(b) In this chapter, the
terms "cancel" and "revoke" are synonymous.
Sec. 114.003.
APPLICABILITY. This chapter applies to a transfer on death deed made before, on, or after September 1,
2015, by a transferor who dies on or after September 1, 2015.
Sec. 114.004.
NONEXCLUSIVITY.
Sec. 114.005. UNIFORMITY
OF APPLICATION AND CONSTRUCTION.
Sec. 114.006. RELATION TO
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
SUBCHAPTER B.
AUTHORIZATION, EXECUTION, AND REVOCATION OF TRANSFER ON DEATH DEED
Sec. 114.051. TRANSFER ON
DEATH DEED AUTHORIZED.
Sec. 114.052. TRANSFER ON
DEATH DEED REVOCABLE.
Sec. 114.053. TRANSFER ON
DEATH DEED NONTESTAMENTARY.
Sec. 114.054. CAPACITY OF
TRANSFEROR. The capacity required to make or revoke a transfer on death
deed is the same as the capacity required to make a contract.
Sec. 114.055.
REQUIREMENTS.
Sec. 114.056. NOTICE,
DELIVERY, ACCEPTANCE, OR CONSIDERATION NOT REQUIRED.
Sec. 114.057. REVOCATION
BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION.
SUBCHAPTER C. EFFECT OF
TRANSFER ON DEATH DEED; LIABILITY OF TRANSFERRED PROPERTY FOR CREDITORS'
CLAIMS
Sec. 114.101. EFFECT OF
TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.
Sec. 114.102. TRANSFER ON
DEATH DEED VOID ON CONVEYANCE OF PROPERTY SUBJECT OF DEED. If a transferor
during the transferor's lifetime conveys to any person all of the
transferor's interest in real property that is the subject of a transfer on
death deed, the transfer on death deed is void as to that interest in real
property.
Sec. 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 a decedent's estate, on the death
of the transferor, the following rules apply to an interest in real
property that is the subject of a transfer on death deed and owned by the
transferor at death:
(1) if the designated
beneficiary survives the transferor by 120 hours, the interest in the real
property is transferred to the designated beneficiary in accordance with
the deed;
(2) the interest of a
designated beneficiary that fails to survive the transferor by 120 hours lapses,
notwithstanding Section 111.052;
(3) subject to
Subdivision (4), concurrent interests are transferred to the beneficiaries
in equal and undivided shares with no right of survivorship; and
(4) notwithstanding
Subdivision (2), if the transferor has identified two or more designated
beneficiaries to receive concurrent interests in the real property, the
share of a designated beneficiary who predeceases the transferor lapses and
is subject to and passes in accordance with Subchapter D, Chapter 255, as if
the transfer on death were a devise made in a will.
(b) If a transferor is a
joint owner with right of survivorship who is survived by one or more other
joint owners, the real property that is the subject of the transfer on
death deed belongs to the surviving joint owner or owners. If a transferor
is a joint owner with right of survivorship who is the last surviving joint
owner, the transfer on death deed is effective.
(c) If a transfer on
death deed is made by two or more transferors who are joint owners with
right of survivorship, the last surviving joint owner may revoke the
transfer on death deed subject to Section 114.057.
(d) A transfer on death
deed transfers real property without covenant or
warranty of title even if the deed contains a contrary provision.
Sec. 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 to which the
real property is subject at the transferor's death. For purposes of this
subsection and Section 13.001, Property Code, the recording of the transfer
on death deed is considered to have occurred at the transferor's death.
(b) If a personal
representative has been appointed for the transferor's estate, an
administration of the estate has been opened, and the real property
transferring under a transfer on death deed is subject to a lien or
security interest, including a deed of trust or mortgage, the personal
representative shall give notice to the creditor of the transferor as the
personal representative would any other secured creditor under Section
308.053. The creditor shall then make an election under Section 355.151 in
the period prescribed by Section 355.152 to have the claim treated as a
matured secured claim or a preferred debt and lien claim, and the claim is
subject to the claims procedures prescribed by this section.
(c) If the secured
creditor elects to have the claim treated as a preferred debt and lien
claim, Sections 355.154 and 355.155 apply as if the transfer on death were
a devise made in a will, and the creditor may not pursue any other claims
or remedies for any deficiency against the transferor's estate.
(d) If the secured
creditor elects to have the claim treated as a matured secured claim,
Section 355.153 applies as if the transfer on death were a devise made in a
will, and the claim is subject to the procedural provisions of this title
governing creditor claims.
Sec. 114.105. DISCLAIMER.
Sec. 114.106. LIABILITY
FOR CREDITOR CLAIMS 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 estate, or a family
allowance to a surviving spouse, minor children, or incapacitated adult
children, the personal representative may enforce that liability against
real property transferred at the transferor's death by a transfer on death
deed to the same extent the personal representative could enforce that
liability if the real property were part of the probate estate.
(b) If a personal
representative does not commence a proceeding to enforce a liability under
Subsection (a) on or before the 90th day after the date the representative
receives a demand for payment, a proceeding to enforce the liability may be
brought by a creditor, a distributee of the estate, a surviving spouse of
the decedent, a guardian or other appropriate person on behalf of a minor
child or adult incapacitated child of the decedent, or any taxing
authority.
(c) If more than one real
property interest is transferred by one or more transfer on death deeds or
if there are other nonprobate assets of the transferor that may be liable
for the claims, expenses, and other payments specified in Subsection (a),
the liability for those claims, expenses, and other payments may be
apportioned among those real property interests and other assets in
proportion to their net values at the transferor's death.
(d) A proceeding to
enforce liability under this section must be commenced not later than the
second anniversary of the transferor's death, except for any rights arising
under Section 114.104(d).
(e) In connection with
any proceeding brought under this section, a court may award costs and
reasonable and necessary attorney's fees in amounts the court considers
equitable and just.
SUBCHAPTER D. FORMS FOR
TRANSFER ON DEATH DEED
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.
1. Owner (Transferor) Making
this Deed:
_______________________________________________
Printed nameMailing
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 nameMailing
address
5. Alternate Beneficiary
or Beneficiaries (Optional)
If no primary beneficiary
survives me, I designate the following alternate beneficiary or
beneficiaries:
_______________________________________________
Printed nameMailing
address
6. Transfer on Death
At my death, I 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. Signature of Owner
Making this Deed:
_______________________________________________
Signature Date
BELOW LINE FOR NOTARY ONLY
Acknowledgement
STATE OF
____________________
COUNTY OF
___________________
This instrument was
acknowledged before me on the ______ day of ______________, 20____,
by ___________________.
Notary Public, State of
After 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. Signature of Owner:
Do not sign your name or enter the date until you are before a notary.
8. Acknowledgement: This
deed must be signed before a notary. The notary will fill out this section
of the deed.
Sec. 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: 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 FORM: Before
your death, this cancellation form must be recorded with the county clerk
where the property is located, or it will not be effective. This
cancellation is effective only as to the interests in the property of
owners who sign this cancellation form.
1. Owner (Transferor)
Making this Cancellation:
______________________________________________
Printed nameMailing
address
2. Legal Description of
the Property:
______________________________________________________
3. Address of the
Property (if any) (include county):
______________________________________________________
4. Cancellation
I cancel all my previous
transfers of this property by transfer on death deed.
5. Signature of Owner
(Transferor) Making this Cancellation:
_________________________________________________
Signature Date
BELOW LINE FOR NOTARY ONLY
________________________________________________________________
Acknowledgement
STATE OF
__________________
COUNTY OF _________________
This instrument was
acknowledged before me on the ___ day of __________, 20______,
by
____________________________.
________________________________
Notary Public, State of
________
After recording, return
to:
(insert name and mailing
address)
_________________________________
_________________________________
INSTRUCTIONS FOR CANCELING
A TRANSFER ON DEATH (TOD) DEED
DO NOT RECORD THESE
INSTRUCTIONS
Instructions for
Completing the Form
1. Owner (Transferor)
Making this Cancellation: 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. Cancellation: No
action needed.
5. Signature of Owner:
Do not sign your name or enter the date until you are before a notary.
6. Acknowledgement: This
cancellation form must be signed before a notary. The notary will fill out
this section of the form.
|
SECTION 1. Subtitle C, Title
2, Estates Code, is amended by adding Chapter 114 to read as follows:
CHAPTER 114. TRANSFER ON
DEATH DEED
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 114.001. SHORT
TITLE. This chapter may be cited as the Texas Real Property Transfer on
Death Act.
Sec. 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 designated to receive real property in a
transfer on death deed.
(3) "Joint owner
with right of survivorship" or "joint owner" means an
individual who owns real property concurrently with one or more other
individuals with a right of survivorship. The term does not include a
tenant in common or an owner of community property with or without a right
of survivorship.
(4) "Person"
has the meaning assigned by Section 311.005, Government Code.
(5) "Real
property" means an interest in real property located in this state.
(6) "Transfer on
death deed" means a deed authorized under this chapter and does not refer to any other deed that
transfers an interest in real property on the death of an individual.
(7)
"Transferor" means an individual who makes a transfer on death
deed.
(b) In this chapter, the
terms "cancel" and "revoke" are synonymous.
Sec. 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 after September 1, 2015.
Sec. 114.004.
NONEXCLUSIVITY.
Sec. 114.005. UNIFORMITY
OF APPLICATION AND CONSTRUCTION.
Sec. 114.006. RELATION TO
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
SUBCHAPTER B.
AUTHORIZATION, EXECUTION, AND REVOCATION OF TRANSFER ON DEATH DEED
Sec. 114.051. TRANSFER ON
DEATH DEED AUTHORIZED.
Sec. 114.052. TRANSFER ON
DEATH DEED REVOCABLE.
Sec. 114.053. TRANSFER ON
DEATH DEED NONTESTAMENTARY.
Sec. 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) A transfer on death deed may not be created through use of a
power of attorney.
Sec. 114.055.
REQUIREMENTS.
Sec. 114.056. NOTICE,
DELIVERY, ACCEPTANCE, OR CONSIDERATION NOT REQUIRED.
Sec. 114.057. REVOCATION
BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION.
SUBCHAPTER C. EFFECT OF
TRANSFER ON DEATH DEED; LIABILITY OF TRANSFERRED PROPERTY FOR CREDITORS'
CLAIMS
Sec. 114.101. EFFECT OF
TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.
Sec. 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 lifetime after
the transfer on death deed is executed and recorded if:
(1) a valid instrument conveying the interest is recorded in the
deed records in the county clerk's office of the same county in which the
transfer on death deed is recorded; and
(2) the recording of the instrument occurs before the transferor's
death.
Sec. 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 a decedent's estate, on the death
of the transferor, the following rules apply to an interest in real
property that is the subject of a transfer on death deed and owned by the
transferor at death:
(1) if the designated
beneficiary survives the transferor by 120 hours, the interest in the real
property is transferred to the designated beneficiary in accordance with
the deed;
(2) the interest of a
designated beneficiary that fails to survive the transferor by 120 hours
lapses, notwithstanding Section 111.052;
(3) subject to
Subdivision (4), concurrent interests are transferred to the beneficiaries
in equal and undivided shares with no right of survivorship; and
(4) notwithstanding
Subdivision (2), if the transferor has identified two or more designated
beneficiaries to receive concurrent interests in the real property, the
share of a designated beneficiary who predeceases the transferor lapses and
is subject to and passes in accordance with Subchapter D, Chapter 255, as
if the transfer on death deed were a
devise made in a will.
(b) If a transferor is a
joint owner with right of survivorship who is survived by one or more other
joint owners, the real property that is the subject of the transfer on
death deed belongs to the surviving joint owner or owners. If a transferor
is a joint owner with right of survivorship who is the last surviving joint
owner, the transfer on death deed is effective.
(c) If a transfer on
death deed is made by two or more transferors who are joint owners with
right of survivorship, the last surviving joint owner may revoke the
transfer on death deed subject to Section 114.057.
(d) A transfer on death
deed transfers real property without covenant of
warranty of title even if the deed contains a contrary provision.
Sec. 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
to which the real property is subject at the transferor's death. For
purposes of this subsection and Section 13.001, Property Code, the
recording of the transfer on death deed is considered to have occurred at
the transferor's death.
(b) If a personal
representative has been appointed for the transferor's estate, an
administration of the estate has been opened, and the real property
transferring under a transfer on death deed is subject to a lien or
security interest, including a deed of trust or mortgage, the personal
representative shall give notice to the creditor of the transferor as the
personal representative would any other secured creditor under Section
308.053. The creditor shall then make an election under Section 355.151 in
the period prescribed by Section 355.152 to have the claim treated as a
matured secured claim or a preferred debt and lien claim, and the claim is
subject to the claims procedures prescribed by this section.
(c) If the secured
creditor elects to have the claim treated as a preferred debt and lien
claim, Sections 355.154 and 355.155 apply as if the transfer on death deed were a devise made in a will, and the
creditor may not pursue any other claims or remedies for any deficiency
against the transferor's estate.
(d) If the secured
creditor elects to have the claim treated as a matured secured claim,
Section 355.153 applies as if the transfer on death deed were a devise made in a will, and the claim is subject
to the procedural provisions of this title governing creditor claims.
Sec. 114.105. DISCLAIMER.
Sec. 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 estate, or an allowance in
lieu of exempt property or family allowance to a surviving spouse,
minor children, or incapacitated adult children, the personal
representative may enforce that liability against real property transferred
at the transferor's death by a transfer on death deed to the same extent
the personal representative could enforce that liability if the real
property were part of the probate estate.
(b) Notwithstanding Subsection (a), real property transferred at
the transferor's death by a transfer on death deed is not considered
property of the probate estate for any purpose, including for purposes of
Section 531.077, Government Code.
(c) If a personal
representative does not commence a proceeding to enforce a liability under
Subsection (a) on or before the 90th day after the date the representative
receives a demand for payment, a proceeding to enforce the liability may be
brought by a creditor, a distributee of the estate, a surviving spouse of
the decedent, a guardian or other appropriate person on behalf of a minor
child or adult incapacitated child of the decedent, or any taxing
authority.
(d) If more than one real
property interest is transferred by one or more transfer on death deeds or
if there are other nonprobate assets of the transferor that may be liable
for the claims, expenses, and other payments specified in Subsection (a),
the liability for those claims, expenses, and other payments may be
apportioned among those real property interests and other assets in
proportion to their net values at the transferor's death.
(e) A proceeding to
enforce liability under this section must be commenced not later than the
second anniversary of the transferor's death, except for any rights
arising under Section 114.104(d).
(f) In connection with
any proceeding brought under this section, a court may award costs and
reasonable and necessary attorney's fees in amounts the court considers
equitable and just.
SUBCHAPTER D. FORMS FOR
TRANSFER ON DEATH DEED
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 nameMailing
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 nameMailing
address
5. Alternate Beneficiary
or Beneficiaries (Optional)
If no primary beneficiary
survives me, I designate the following alternate beneficiary or
beneficiaries:
_______________________________________________
Printed nameMailing 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 of
After 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.
Sec. 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:
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 FORM: Before
your death, this cancellation form must be recorded with the county clerk
where the property is located, or it will not be effective. This
cancellation is effective only as to the interests in the property of
owners who sign this cancellation form.
1. Owner (Transferor)
Making this Cancellation:
______________________________________________
Printed nameMailing
address
2. Legal Description of
the Property:
______________________________________________________
3. Address of the
Property (if any) (include county):
______________________________________________________
4. Cancellation
I cancel all my previous
transfers of this property by transfer on death deed.
5. Printed Name and Signature of Owner
(Transferor) Making this Cancellation:
_________________________________________________
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 of
________
After recording, return
to:
(insert name and mailing
address)
_________________________________
_________________________________
INSTRUCTIONS FOR CANCELING
A TRANSFER ON DEATH (TOD) DEED
DO NOT RECORD THESE
INSTRUCTIONS
Instructions for
Completing the Form
1. Owner (Transferor)
Making this Cancellation: 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. Cancellation: No
action needed.
5. 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.
6. Acknowledgment: This
cancellation form must be signed before a notary. The notary will fill out
this section of the form.
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