Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) Form

Last validated October 15, 2026 by our Forms Development Team

Formatted for recording in Fayette County, for property anywhere in the county: rural and unincorporated areas as well as Carmine, Ellinger, Fayetteville, Flatonia, La Grange, Ledbetter, Muldoon, Plum and 5 more.

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Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) Form

Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) Form

Fill in the blank Transfer on Death Deed (Community Property, Individual Beneficiaries) form formatted to comply with all Texas recording and content requirements.

Document last validated 10/15/2026
Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) Guide

Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) Guide

Line by line guide explaining every blank on the Transfer on Death Deed (Community Property, Individual Beneficiaries) form.

Document last validated 10/15/2026
Fayette County Completed Example of the Transfer on Death Deed (Community Property, Individual Beneficiaries) Document

Fayette County Completed Example of the Transfer on Death Deed (Community Property, Individual Beneficiaries) Document

Example of a properly completed Texas Transfer on Death Deed (Community Property, Individual Beneficiaries) document for reference.

Document last validated 10/15/2026

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

Where to Record Your Documents

Fayette County Clerk

Address:
246 W Colorado St / PO Box 59
La Grange, Texas 78945-2206

Hours: Monday-Friday 8am-5pm

Phone: (979) 968-3251

Recording Tips for Fayette County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Fayette County

Properties in any of these areas use Fayette County forms:

  • Carmine
  • Ellinger
  • Fayetteville
  • Flatonia
  • La Grange
  • Ledbetter
  • Muldoon
  • Plum
  • Round Top
  • Schulenburg
  • Warda
  • Warrenton
  • West Point

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Fayette County

How do I get my forms?

Forms are available for immediate download after payment. The Fayette 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 Fayette County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Fayette 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 Fayette 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Fayette County?

Recording fees in Fayette County vary. Contact the recorder's office at (979) 968-3251 for current fees.

Questions answered? Let's get started!

Two Texas spouses who hold their real estate as community property can sign one transfer on death deed that operates twice: at each spouse's death, that spouse's community property half passes to the individuals named in the deed, outside probate. This Texas transfer on death deed form is built for that configuration under Chapter 114 of the Texas Estates Code, for a married couple holding community property with no right of survivorship between them and naming individual beneficiaries.

A Deed That Operates at Each Spouse's Death

Texas community property is owned in undivided halves, and nothing in the community property system sends the deceased spouse's half to the survivor automatically; a will or intestacy ordinarily moves it. When the first spouse dies, that spouse's half transfers to the named beneficiaries, who then hold it together with the surviving spouse. The surviving spouse's half is untouched: it stays the survivor's property and transfers under the same deed only at the survivor's death. The form says so in its operative section, and its survival requirement is measured against the spouse whose interest is passing, so a beneficiary qualifies at each death by surviving that spouse by 120 hours.

What This Configuration Recites

The form recites exactly two transferors who are married to each other and hold the property as their community property with no right of survivorship between them; both spouses sign, each over a separate notary certificate, and each spouse's community interest transfers at the death of the spouse who owns it. The deed also recites that every designated beneficiary is an individual, a natural person named with a mailing address, with the same primary and alternate designation applying to each spouse's half. Chapter 114 supports this shape directly: Section 114.002(3) keeps community property outside the statutory joint owner definition, so the chapter's last surviving owner rule does not apply to these spouses, and Section 114.057(d) lets one of two transferors revoke as to that transferor's own interest without disturbing the other's designation. The form prints that rule in capital letters beside the statement that it creates no survivorship between the spouses.

Spouses who hold their home as plain community property and send each half directly to the same children, and a blended family in which each spouse's half goes by name to the same individuals rather than through the survivor's estate, present the two spouse pattern this deed recites. The form is not set up as a one transferor designation, as a designation that waits for the second death under a survivorship agreement, or as a designation in favor of a trust or an entity; each of those is a different configuration of the Texas TOD deed.

The Surviving Spouse and the Homestead

A first death under this deed leaves the surviving spouse and the beneficiaries as co-owners of the property, which raises the question of who lives there. Texas answers it in the constitution. Article XVI, Section 52 gives the surviving spouse the right to occupy the homestead for life, a right that arises automatically at death and operates independently of any deed. Beneficiaries who take the deceased spouse's half under this form take it subject to that occupancy right for as long as the survivor elects to use or occupy the property as a homestead. During life the deed changes nothing about homestead status or tax exemptions, as Section 114.101 provides.

Recording Before Either Death

Recording is an effectiveness requirement under Section 114.055: the deed must be recorded before the transferor's death in the deed records of the county where the property is located. Because this deed carries two designations, recording promptly after both spouses sign, while both are living, places both designations of record. The notice of confidentiality rights required by Property Code Section 11.008 appears at the top of the first page in 12 point boldfaced capitals. A beneficiary deed of this kind transfers each spouse's interest without covenant of warranty of title under Section 114.103(d), and the beneficiaries take subject to any mortgage or other matter affecting title at the transferor's death.

The package contains the fillable form as a PDF, completed on screen or printed and completed by hand, a completed example filled in for a realistic Texas fact pattern, and a plain language guide that walks through every numbered section, the community property rules the deed relies on, and the recording process. This description and the guide describe the form and the governing statutes in general terms; they are not legal advice.

Important: Your property must be located in Fayette County to use these forms. Documents should be recorded at the county recording office listed above.

This Transfer on Death Deed (Community Property, Individual Beneficiaries) meets all recording requirements specific to Fayette County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Fayette 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 Fayette County Transfer on Death Deed (Community Property, Individual Beneficiaries) 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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Maria S. 3 out of 5 stars

The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

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considering the current epidemic your fees save me time and parking fees. with help from DC recorder of deeds I was directed to the correct link to process my deed

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Kathryn C. 5 out of 5 stars

descriptions for some areas were longer than what would print out on document - it showed and was visible on the form but would not print out - for example in the legal description. would be nice in fill in areas could be extended as needed

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Very easy to use. Had my Transfer of Death Designation Affidavit done in no time and filed with the Recorder's Office the next day.

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