Smith County Revocation of Transfer on Death Deed (Individual) Form

A Texas transfer on death deed is revocable for the owner's entire life, but revoking one takes a recorded instrument, not a new will and not a note in a drawer. This form prepares the revocation instrument that Section 114.057 of the Texas Estates Code describes, for a deed made by a single transferor. The same instrument is also commonly called a cancellation of transfer on death deed.

How Revocation Works in Texas

Section 114.057 recognizes two recorded paths: a new transfer on death deed that revokes an earlier one to the extent of any inconsistency, and a separate revocation instrument that revokes the deed it describes. A will does not revoke or supersede a transfer on death deed, so a recorded deed left in place controls over a later will that says something different.

The revocation carries its own timing rules. It operates only if it is acknowledged after the deed being revoked was acknowledged, and recorded before the transferor's death in the deed records of the county where the deed being revoked is recorded. A signed revocation left in a drawer at the owner's death revokes nothing, and the form states these requirements in capital letters above the signature line.

What the Form Asks For

The revocation identifies the transferor, the property by county and formal legal description, and the deed being revoked by its date, recording date, document or instrument number, and recording county, all taken from the clerk's stamp on the recorded deed or the clerk's online index. The guide shows where each item appears, and the completed example documents a realistic revocation from start to finish.

What a Revocation Does and Leaves in Place

A revocation takes the deed out of effect without putting a new designation in its place, so the property returns to passing under the owner's will or by intestacy. A new transfer on death deed naming different beneficiaries is the other recorded path, and it revokes an inconsistent earlier deed on its own. The guide describes both paths.

What Is Included

• The blank form as a fillable PDF, completed on screen or printed and filled in by hand
• A plain language guide covering every numbered section, what each blank asks, and where the information comes from
• A completed example showing the whole document filled in for a realistic Texas fact pattern

Texas Recording Compliance

The document is formatted for Texas recording standards: letter size pages within the dimensions of Local Government Code Section 191.007, the notice of confidentiality rights required by Property Code Section 11.008 in 12 point boldfaced capitals at the top of the first page, and reserved space on page one for the county clerk's recording stamp. A separate instructions page at the front of the file, not part of the recorded instrument, explains how an entry that outgrows its space continues on a recorded exhibit page. Senate Bill 16, enacted in 2025, also requires a person who presents a document in person for filing in the real property records to present a photo identification to the county clerk, and the guide covers that step in its recording section.

Related Texas Forms

This form pairs with the Texas Transfer on Death Deed (Individual). A deed made by joint owners with right of survivorship follows a stricter signing rule and is revoked with the Texas Revocation of Transfer on Death Deed (Joint Owners).