Hays County Affidavit of Death (Transfer on Death Deed Beneficiary) Form

Last validated August 20, 2026 by our Forms Development Team

Hays County Affidavit of Death (Transfer on Death Deed Beneficiary) Form

Hays County Affidavit of Death (Transfer on Death Deed Beneficiary) Form

Fill in the blank Affidavit of Death (Transfer on Death Deed Beneficiary) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/31/2026
Hays County Affidavit of Death (Transfer on Death Deed Beneficiary) Guide

Hays County Affidavit of Death (Transfer on Death Deed Beneficiary) Guide

Line by line guide explaining every blank on the Affidavit of Death (Transfer on Death Deed Beneficiary) form.

Document Last Validated 8/20/2026
Hays County Completed Example of the Affidavit of Death (Transfer on Death Deed Beneficiary) Document

Hays County Completed Example of the Affidavit of Death (Transfer on Death Deed Beneficiary) Document

Example of a properly completed Texas Affidavit of Death (Transfer on Death Deed Beneficiary) document for reference.

Document Last Validated 8/12/2026

All 3 documents above included • One-time purchase • No recurring fees

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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:
  • Ask if they accept credit cards - many offices are cash/check only
  • Request a receipt showing your recording numbers
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs

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!

When the owner who signed a Texas transfer on death deed dies, title passes to the named beneficiary automatically, by operation of the recorded deed. No court is involved and no new deed is signed. What remains is a documentation step: getting evidence of the death, and of the beneficiary's right to take, into the county records where everyone who later examines the title will look. This form prepares the sworn affidavit Texas title practice uses for that step.

Why the Affidavit Matters

Until the death is documented of record, the title records show only a deed waiting to operate. A title examiner handling the beneficiary's later sale or refinance, the appraisal district adjusting its rolls, and anyone else searching the records all need the connection made: this owner died on this date, the deed was never revoked, and this beneficiary qualified. The affidavit, recorded with a certified copy of the death certificate, supplies exactly that, in the place title professionals expect to find it.

What the Affidavit States

The affiant identifies the deceased transferor, the date of death, and the recorded deed by its recording date, document number, and county. The sworn statements then track what Chapter 114 of the Estates Code makes relevant: the affiant is a beneficiary designated in the deed, survived the transferor by at least 120 hours as Section 114.103 requires, has found no cancellation of record and knows of no revocation, and, where the deed was made by joint owners with right of survivorship, that the deceased transferor was the last surviving owner, the death at which such a deed operates.

Sworn, Not Just Signed

This instrument is an affidavit, so the beneficiary signs and swears to the statements before a notary, who completes a jurat rather than the acknowledgment found on deed forms. The guide explains the difference and walks through every entry, including where the recording references come from and how to obtain the certified death certificate that accompanies the affidavit. The completed example shows a finished affidavit for a realistic fact pattern.

What Is Included

  • The blank form as a fillable PDF, completed on screen or printed and completed by hand
  • A plain language guide that walks through every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like
  • A completed example showing the entire document filled in for a realistic Texas fact pattern

The document is formatted for Texas recording standards: letter size pages within the dimensions of Local Government Code Section 191.007, body text well above the 8 point minimum, and reserved space on page one for the county clerk's recording stamp. As an affidavit rather than a conveyance, it does not carry the Property Code Section 11.008 confidentiality notice that introduces a deed. A separate instructions page, marked DO NOT RECORD and removed before signing, describes how an entry that outgrows its space continues on an attached exhibit, so the recorded affidavit stays free of worksheet style captions.

Related Texas Forms

The affidavit works with all three companion deeds: the Texas Transfer on Death Deed (Individual), the joint owner version, and the community property with right of survivorship version. For the two joint forms, it is recorded after the death of the last surviving owner.

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 (Transfer on Death Deed Beneficiary) 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 (Transfer on Death Deed Beneficiary) 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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