Smith County Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) Form
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We are currently preparing the Smith County Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) forms. Please check back soon or contact us for availability.
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:
- Bring your driver's license or state-issued photo ID
- Check margin requirements - usually 1-2 inches at top
- Both spouses typically need to sign if property is jointly owned
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.
A beneficiary named in a Texas transfer on death deed is under no obligation to take the property. The refusal has a formal legal shape: a written, signed disclaimer of interest, recorded in the county where the land sits, after which the law treats the disclaimant as having died before the transferor and the property moves on to its next taker. This form prepares that instrument under Chapter 240 of the Texas Property Code, the Texas Uniform Disclaimer of Property Interests Act, for one individual beneficiary acting after the transferor's death, the path Estates Code Section 114.105 opens for every designated beneficiary under a recorded deed.
Recording Is the Delivery
Every effective disclaimer under Chapter 240 must be delivered or filed the way Subchapter C of the chapter describes, and for real property passing by beneficiary designation the statute is specific: once the designation has become irrevocable, a disclaimer of an interest in real property must be recorded in the official public records of the county where the property is located. A transfer on death deed becomes irrevocable at the transferor's death, so the county clerk's records are where a post-death disclaimer takes legal effect. The instrument carries an acknowledgment certificate so the clerk records it, and its first page reserves space for the recording stamp.
A Refusal That Relates Back
Section 240.051 gives the recorded disclaimer its reach. It takes effect as of the moment the deed became irrevocable, relates back to that moment for all purposes, and places the disclaimed interest beyond the claims of the disclaimant's creditors. The interest then passes as though the disclaimant had died immediately before the transferor: to an alternate the deed names, to the disclaimant's own descendants where the anti-lapse rules of the Estates Code reach them, or otherwise as the statutes direct. The disclaimant selects none of that; a disclaimer refuses, it does not redirect, and the instrument says so on its face.
What Bars a Disclaimer
Texas sets no state deadline, but Section 240.151 closes the door once the beneficiary has accepted the interest or any of its benefits, or has assigned, conveyed, encumbered, or contracted around it. A 2021 amendment added a further gate: an individual's disclaimer must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer the statute bars, and the form carries that statement. Federal tax law runs on its own clock; a qualified disclaimer under Internal Revenue Code Section 2518 has a nine month window and separate conditions that operate independently of the Texas rules, a distinction the guide explains.
One Disclaimant, One Instrument
The form recites a single individual disclaimant and reaches only that beneficiary's interest; where co-beneficiaries also intend to refuse, each records a separate instrument. It disclaims the entire interest by default, with an optional section expressing a partial disclaimer as a fraction, percentage, or other portion, the forms Section 240.009(b) recognizes. The package pairs the blank fillable PDF with a completed example built on a realistic Williamson County fact pattern and a guide that walks through each numbered section, the statutes behind it, and the recording step. The materials are informational and are not legal advice; a Texas attorney can apply these rules to a particular estate.
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.
This Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) 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 Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) 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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May 24th, 2023
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