A Texas enhanced life estate deed, better known as a lady bird deed, does its work silently. The owner who signed it keeps full control for life, and at the moment of death the property vests in the remainder beneficiary named in the deed, with no probate and no new conveyance. The county records, however, learn nothing from the death itself: they still show a deed waiting to operate and a life tenant who, as far as the index reveals, is alive. This affidavit is how the record catches up.

A Deed the Statutes Never Wrote Down

Unlike the transfer on death deed, which the legislature codified in Estates Code Chapter 114, the lady bird deed rests on common law and decades of Texas title practice; when Chapter 114 was adopted, its nonexclusivity provision (Section 114.004) expressly left the older common-law transfer methods intact. That heritage shapes the paperwork at death. There is no statutory affidavit, no official form, and no statutory checklist. What title practice expects instead is a sworn, recorded affidavit that connects the recorded deed to the death certificate and states what the records themselves cannot: that the life tenant died, and that the powers the deed reserved, to sell, mortgage, or revoke, were never exercised in a way that divested the remainder.

What the Sworn Statements Establish

The affidavit identifies the deceased life tenant, the date of death, and the recorded enhanced life estate deed by its date, document number, and recording county, then sets out the sworn substance: the affiant is a remainder beneficiary named in the deed; the deed reserved an enhanced life estate with its characteristic powers; the life estate terminated at death; no recorded instrument shows a conveyance or revocation divesting the remainder; and title vested in the remainder beneficiaries the deed names, subject to matters of record. A certified copy of the death certificate accompanies the affidavit, and the two together give a later title examiner, in one place, the death, the deed, and the vesting.

Sworn With a Jurat, Then Recorded

Because the affidavit asserts facts under oath rather than conveying anything, the affiant signs before a notary who completes a jurat, and the instrument becomes recordable under Property Code Section 12.001(a), which admits to record an instrument concerning real property sworn to with a proper jurat. It is recorded with the county clerk of the county where the property is located, in the same deed records that hold the enhanced life estate deed itself. The confidentiality notice that appears atop Texas conveyances is absent by design: the affidavit transfers no interest, so the notice statute does not reach it.

The Complete Package

The download includes the affidavit as a fillable PDF, a completed example showing every entry for a realistic Williamson County fact pattern, and a plain language guide covering each numbered section, the jurat, and the recording steps, including the photo identification now required at Texas recording counters for in-person filings. The materials are informational and are not legal advice; a Texas attorney can address how a particular deed and death play out on a specific title.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Death of Life Tenant (Enhanced Life Estate Deed)

Designate multiple beneficiaries for a property
Simplify property transfer for your family after your passing
Replace a beneficiary who has predeceased you
Retain full control of your property during your lifetime
Ensure your property passes directly to heirs at death
Avoid probate costs and delays for your heirs

Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Individual) Certification of Trust Affidavit of Death (Transfer on Death Deed Beneficiary) Administrator Deed (Independent Administrator) Easement Deed (Ingress and Egress) Deed Without Warranty (Individual) Appointment and Acceptance of Successor Trustee (Recordable) Enhanced Life Estate Deed (Lady Bird Deed) (Individual) Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) Deed Without Warranty (Two Grantors) Transfer on Death Deed (Joint Owners with Right of Survivorship) Revocation of Transfer on Death Deed (Joint Owners) General Warranty Deed (Joint Grantors) Easement Deed (In Gross - Utility) Certification of Trust (Single Trustee) Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Gift Deed Without Warranty Gift Deed Special Warranty Transfer on Death Deed (Community Property with Right of Survivorship) Release of Easement Certification of Trust (Sworn Certification) Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Deed Without Warranty (Signed by Attorney-in-Fact) Enhanced Life Estate Deed - Lady Bird Deed (Individual by Attorney-in-Fact) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement General Warranty Deed (Executed by Attorney-in-Fact) Executor Deed (Independent Executor) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Mineral Deed (General Warranty) Mineral Deed (No Warranty) Mineral Deed (Special Warranty) Royalty Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney General Warranty Deed with Vendor Lien (Individual Grantor) Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note General Warranty Deed with Vendors Lien (Third-Party Lender) Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our affidavit of death of life tenant (enhanced life estate deed) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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