Smith County Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Form
Last validated July 18, 2026 by our Forms Development Team
Smith County Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Form
Fill in the blank Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) form formatted to comply with all Texas recording and content requirements.

Smith County Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Guide
Line by line guide explaining every blank on the Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) form.

Smith County Completed Example of the Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Document
Example of a properly completed Texas Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) 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:
- Ask about their eRecording option for future transactions
- Both spouses typically need to sign if property is jointly owned
- Avoid the last business day of the month when possible
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!
The Texas lady bird deed occupies an unusual place in Texas conveyancing: no statute creates it and no official form exists, yet it has been a fixture of Texas estate and elder law practice for decades, resting on common law, the general deed statutes, and settled title practice. This form prepares a lady bird deed for two married grantors who hold Texas real property as community property, the default for property acquired during a Texas marriage.
A Conveyance That Gives Up Nothing During Life
The deed works by splitting the title. The grantors convey a remainder interest to the grantees named in the deed, and in the same instrument reserve an enhanced life estate: full possession, use, rents, and income for life, plus the powers that make the life estate enhanced. The grantors keep the power to sell, mortgage, lease, or give away the property without the consent or even knowledge of any grantee, keep all proceeds, and may cancel or revoke the deed by recorded instrument. A traditional life estate deed surrenders those powers to the remainderman; the lady bird deed refuses to.
Built for Community Property and the Second Death
This version of the deed is drafted around the marriage. Both spouses sign as grantors, satisfying the homestead joinder rule of Family Code Section 5.001 on the face of the instrument, and the deed reserves the enhanced life estate to both spouses and to the survivor of them. At the first death nothing is filed or proved: the surviving spouse holds the entire life estate and every retained power alone, including the power to sell or revoke. Only at the second death does the remainder vest in possession, in the grantees who survive that death, entirely outside probate.
Why Elder Law Practice Reaches for This Deed
Texas limits Medicaid estate recovery to the probate estate, and property that passes under a recorded lady bird deed never enters it. State Bar commentary and the state Medicaid handbook both recognize the enhanced life estate deed in this role, including an exception to the transfer-penalty rules for a home conveyed this way. The grantors' retained ownership also preserves the property tax homestead exemption, and practice commentary treats the arrangement as an incomplete gift with a stepped-up basis at death. The guide describes this landscape along with the deed's real limits: no title warranty, no protection from the grantors' own creditors, and a possible due-on-sale issue under an existing mortgage.
Lady Bird Deed or Transfer on Death Deed
Texas offers a statutory cousin, the transfer on death deed under Estates Code Chapter 114, and Section 114.004 expressly preserves the common-law deed alongside it. The statutory deed transfers nothing until death and cannot be created through a power of attorney; the lady bird deed conveys a present remainder and rests on general agency law. The Texas Transfer on Death Deed products document the statutory route; this form documents the common-law one.
The download includes the blank deed as a fillable PDF, a completed example for a realistic Hays County fact pattern, and a plain-language guide covering every section, signing, and recording. The materials are informational and are not legal advice; a Texas attorney can apply these rules to a specific title or benefits situation.
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.
This Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) 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 Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) 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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June 30th, 2020
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November 29th, 2023
WOW! I am so pleased the County Registrar’s office recommended Deeds.com. From start to a very quick finish Deeds.com worked to ensure my documents were correct and they immediately filed them. The Warranty Deed was accepted by the County and registered within a hour. Deeds.com’s communication was superb. I will use this handy resource every time I am in need.
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November 16th, 2019
recorded deed space to small for corrective deed requirement
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February 25th, 2023
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September 19th, 2020
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October 28th, 2021
Using www.deeds.com was super ez even for a non-technical person like me, it saved me lots of time and the instructions and communications were great,I was able to file my deed online in half a day with most of that time taken up by the jurisdiction I filed with processing my submittal. I will use it again!
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November 6th, 2022
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July 14th, 2023
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November 7th, 2019
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April 22nd, 2021
The website is very user-friendly. Easily to download forms.
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Linda P.
January 27th, 2022
Once I found this site the rest was easy. I read through the guide but the example really helped the most. Very easy!!!
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Jo Ann P.
August 19th, 2025
Was hoping I would be sent copies on paper so I can fill them out without a desk computer
We appreciate your feedback. Our forms are delivered instantly as digital files, so customers can download and print as many copies as they need. This way, you have the flexibility to complete them by hand if you prefer.
Susan A.
April 23rd, 2021
The warranty deed form, the explanation and the example were well worth the price, as they gave me more confidence I was filling the deed out correctly. I cross referenced all of it with the county registrars website and the previous warranty deed.
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Laura H.
January 12th, 2023
Process was easy. The instructions for TOD and a sample completed form was very helpful. E-recording of deed saved a trip to the county building and well worth the very reasonable charge.
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