Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Form

Last validated July 18, 2026 by our Forms Development Team

Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Form

Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Form

Fill in the blank Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Guide

Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Guide

Line by line guide explaining every blank on the Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) form.

Document Last Validated 7/18/2026
Hays County Completed Example of the Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Document

Hays County Completed Example of the Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Document

Example of a properly completed Texas Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) document for reference.

Document Last Validated 7/18/2026

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Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk's Main Office

Address:
Government Center - 712 S Stagecoach Trail, Suite 2008
San Marcos, Texas 78666

Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm

Phone: (512) 393-7738

County Clerk Precinct 2 Substation

Address:
5458 FM 2770 (co-located with Commissioner)
Kyle, Texas 78666

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm

Phone: (512) 393-7330

Recording Tips for Hays County:
  • White-out or correction fluid may cause rejection
  • Verify all names are spelled correctly before recording
  • Double-check legal descriptions match your existing deed
  • Avoid the last business day of the month when possible
  • Make copies of your documents before recording - keep originals safe

Cities and Jurisdictions in Hays County

Properties in any of these areas use Hays County forms:

  • Austin
  • Buda
  • Driftwood
  • Dripping Springs
  • Kyle
  • San Marcos
  • Wimberley

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Hays County

How do I get my forms?

Forms are available for immediate download after payment. The Hays County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Hays County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Hays County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Hays County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Hays County?

Recording fees in Hays County vary. Contact the recorder's office at (512) 393-7738 for current fees.

Questions answered? Let's get started!

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.

Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.

This Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) meets all recording requirements specific to Hays County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Hays County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Hays County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4762 Reviews )

Joyce K.

June 21st, 2019

I was very happy with this site. It included all the papers I needed, instructions, and even an example sheet to work from. The papers are now filed and done with ease. Thank you!

Reply from Staff

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Guido d.

November 17th, 2020

Excellent service. Easy to use, easy to upload, and very cost effective!

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Gerald S.

August 15th, 2022

The paperwork for our transfer on death deed was easy to fill out and the county has excepted it for recording Very satisfied.

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Veronica F.

April 24th, 2019

Im so happy with this site. It was quick and painless and worth the money hassle free if I ever need to settle another deed I will be back.

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April 30th, 2019

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April 27th, 2019

Very good. The right forms and instructions . Thanks

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Kevin M.

April 1st, 2020

Easy to navigate. Comprehensive

Reply from Staff

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Roxanne B.

December 16th, 2020

This is an excellent service during a pandemic! Recording documents can be challenging with changing hours and rules. Yesterday I was able to file an important document from the comfort of my home.

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Carol M.

January 13th, 2020

Great service

Reply from Staff

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Beverly H.

February 13th, 2019

Thanks!!

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J O.

July 18th, 2020

It's okay, seems you need to make it easier to search deeds on properties without having to go through a lot of researching issues, make it simple!

Reply from Staff

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DAVID W.

March 10th, 2026

Very easy to work with. A lot less money than a lawyer.

Reply from Staff

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Debbie G.

February 2nd, 2019

Easy to use, I would recommend deeds.com. I would recommend visiting your county recorder before having document notarized. They will review document and make sure everything you need is on the deed, before having notarized.

Reply from Staff

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Allan A.

June 5th, 2020

Excellent service, communication and done in a timely fashion. Worth the cost for the convenience and safety

Reply from Staff

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Kathy L.

January 30th, 2022

Review: There are 10 PDFs in this warranty deed package. I don't even know what to do with them all. I don't think the directions are clear enough on how to put it all together. I probably won't use it, and feel I have wasted my money.

Reply from Staff

Sorry to hear that the volume of documents required to complete your task was more than you anticipated. It is rare that we get complaints about providing everything needed. We certainly don't want you to be overwhelmed or feel like you have wasted your money. Your order and payment has been canceled and we do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.