Hays County Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Form

Last validated August 10, 2026 by our Forms Development Team

Hays County Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Form

Hays County Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Form

Fill in the blank Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Hays County Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Guide

Hays County Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Guide

Line by line guide explaining every blank on the Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) form.

Document Last Validated 8/10/2026
Hays County Completed Example of the Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Document

Hays County Completed Example of the Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Document

Example of a properly completed Texas Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) 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:
  • Ask if they accept credit cards - many offices are cash/check only
  • Check that your notary's commission hasn't expired
  • Double-check legal descriptions match your existing deed
  • Bring extra funds - fees can vary by document type and page count

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!

The enhanced life estate deed, better known in Texas as the lady bird deed, performs a trick no ordinary deed manages: it conveys the property today and still leaves the people who signed it free to sell, mortgage, lease, or give away that same property tomorrow, without asking anyone named in the deed. This version of the instrument is drafted for two co-owners who hold Texas real property as joint owners with right of survivorship, and it carries their plan across two deaths: the entire enhanced life estate belongs to the survivor after the first death, and the named remainderman takes only when the last owner dies.

A conveyance that keeps every power that matters

The deed grants, sells, and conveys the property to the grantee as remainderman, then reserves to the grantors, and to the survivor of them, an enhanced life estate: exclusive possession and income for life, together with the power to sell, convey, mortgage, lease, or otherwise dispose of the property, with no joinder, consent, or notice from the grantee, and all proceeds kept. If the owners dispose of the entire property during life, the remainder is divested and the deed transfers nothing at the second death. The conveyance is made without warranty of title and expressly excludes the covenants that Texas Property Code Section 5.023 would otherwise imply from words of grant, the drafting pattern that separates a no-warranty conveyance from a quitclaim.

Two owners, one survivorship, one remainder

The form recites title held under a written survivorship agreement made under Texas Estates Code Section 111.001, the arrangement common among unmarried pairs: siblings, partners, a parent and an adult child. While both grantors live, the reserved powers operate jointly; after the first death, the surviving grantor holds the entire life estate and every power alone. Spouses holding community property fall under a different regime, since community property survivorship arises under Estates Code Chapter 112 rather than Section 111.001, and different instruments recite that vesting.

No enabling statute, and what that means

Unlike the transfer on death deed, which the legislature codified in Estates Code Chapter 114 in 2015, the lady bird deed rests on Texas common law and long title practice. Chapter 114 itself steps aside: its nonexclusivity provision preserves every other lawful method of transferring real property. The absence of a statute cuts both ways, and the guide describes both edges: no statutory form or formality constrains the deed, and no Texas appellate decision has construed one, so title companies review these deeds case by case.

Probate, Medicaid recovery, and the recording counter

Property that passes under a lady bird deed passes outside probate, and the Texas Medicaid Estate Recovery Program presents its claim only against the probate estate under the state's administrative rules, which is the reason this deed appears so often in long-term-care planning. The completed deed is recorded with the county clerk of the county where the property is located; the first page carries the confidentiality notice Property Code Section 11.008 requires, and, effective December 4, 2025, a person presenting a document for recording in person shows photo identification at the counter.

The download includes the blank deed as a fillable PDF, with conditional joining-spouse signature blocks for the homestead situations Family Code Section 5.001 reaches, a completed example built on a realistic Williamson County fact pattern, and a plain-language guide that walks through every numbered section, the signing and notarization details, and the recording steps. The materials are informational and are not legal advice.

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

This Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) 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 Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) 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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