Smith County Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Form
Last validated July 18, 2026 by our Forms Development Team
Smith 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.

Smith 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.

Smith 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.
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Additional Texas and Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Clerk
Tyler, Texas 75702
Hours: 8:00am - 4:45pm M-F
Phone: (903) 590-4670
Recording Tips for Smith County:
- 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
- Recorded documents become public record - avoid including SSNs
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Arp
- Bullard
- Flint
- Lindale
- Troup
- Tyler
- Whitehouse
- Winona
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith 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 Smith County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Smith 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 Smith 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 Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (903) 590-4670 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 Smith 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 Smith County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Smith 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 Smith 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.
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April 23rd, 2022
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April 18th, 2019
Very convenient. Instructions and samples are a plus because I often see documents incorrectly completed. Take the time to do it right.
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January 8th, 2022
The recording service has been very easy to use. It is efficient and no hassle.
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May 6th, 2019
very easy to use and at an affordable price. Thank you!!
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December 26th, 2018
It was quick and easy to obtain the document I needed
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Allan S.
September 19th, 2024
Using this sofftware was a piece of cake! Donload was fast and simple. Using the guide supplied I did the Beneficiary Deed in no time. Would certainly use this service again without hesitation.
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May 6th, 2020
Thank you for your great response on my needs. In less than 24 hours I had my documents in hand as needed. Looking forward to working with Deeds.com again. Steve Esler
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February 27th, 2025
Very easy to fill out and understand. Thank You!!
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Tommie G.
March 11th, 2021
I saved 225.00 with this purchase.Make sure you have an updated property description from your county tax collectors' office.In Bay county,Florida the tax office will email you an updated property description.I attached the email to the the deed.I had to change the date and they accepted a white out and ink correction on your form.
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Roger M.
December 28th, 2020
A better or more simplified explanation of what some of the more common titles would be used for would help. You list 6-8 types of Trusts alone. An example of doing a Grant Deed to move a property into, out of, or from a Trust to a Trust would have been helpful.
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August 22nd, 2020
fAST AND REASONABLE.. WOULD DO IT AGAIN IF I NEED TO. THANK YOU
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December 30th, 2023
Fantastic. The forms were easy to read and complete. Came with a guide and examples of how it looked completed Thanks!
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July 25th, 2022
Explanation of all forms is simple and easy to understand. The forms are made in accordance to my state. This website is easy to use and navigate.
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August 3rd, 2026
Good experience, good service too - thanks.
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