Upshur County Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) Form
Last validated October 15, 2026 by our Forms Development TeamFormatted for recording in Upshur County, for property anywhere in the county: rural and unincorporated areas as well as Big Sandy, Diana, Gilmer, Ore City.
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Upshur County Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) Form
Fill in the blank Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) form formatted to comply with all Texas recording and content requirements.

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

Upshur County Completed Example of the Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) Document
Example of a properly completed Texas Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Texas and Upshur County documents included at no extra charge:
Where to Record Your Documents
Upshur County Clerk
Gilmer, Texas 75644
Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm
Phone: (903) 843-4015
Recording Tips for Upshur County:
- Bring your driver's license or state-issued photo ID
- Ensure all signatures are in blue or black ink
- Ask about their eRecording option for future transactions
- Avoid the last business day of the month when possible
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Upshur County
Properties in any of these areas use Upshur County forms:
- Big Sandy
- Diana
- Gilmer
- Ore City
Hours, fees, requirements, and more for Upshur County
How do I get my forms?
Forms are available for immediate download after payment. The Upshur 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 Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Upshur 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 Upshur 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 Upshur County?
Recording fees in Upshur County vary. Contact the recorder's office at (903) 843-4015 for current fees.
Questions answered? Let's get started!
Two Texas spouses who hold their home as community property can record one transfer on death deed that carries each spouse's interest to the other at the first death and the whole property to their chosen individuals at the second. This form prepares that deed under Chapter 114 of the Texas Estates Code for exactly two spouses, with the spouse first designation printed as fixed deed text and the alternate beneficiaries, natural persons, as its one beneficiary entry. The instrument is also searched for as a TOD deed or a beneficiary deed.
Two Designations in One Recorded Deed
Each spouse owns an interest in community property whether the vesting deed names both spouses or only one, and under Section 114.103(a) a transfer on death deed reaches only the interest the transferor owns at death. The form therefore carries two designations on one instrument. Each transferor designates the other transferor, that transferor's spouse, as primary beneficiary of the interest the designating transferor owns at death, each designation standing as that spouse's own. At the first death, the deceased spouse's interest transfers to the survivor if the survivor lives 120 hours longer. At the second death the primary beneficiary of the survivor's interest is no longer living, and the survivor's entire interest, by then the whole property, transfers to the alternates.
Why This Deed Operates at Each Death, Not Only the Last One
Chapter 114 postpones a deed made by joint owners with right of survivorship until the last joint owner dies, but Section 114.002(3) excludes an owner of community property, with or without a right of survivorship, from that definition. Plain community property carries no survivorship between the spouses; absent a designation, the deceased spouse's interest passes under a will or by intestacy. The spouse first designation does that work inside the deed. The operative section also states that the instrument is a Chapter 114 transfer on death deed and not a community property survivorship agreement under Chapter 112.
Individuals as the Alternate Beneficiaries
The alternates are the individuals who take a spouse's interest when the other spouse does not survive by 120 hours, most often the couple's children, each named by full name and mailing address. The fixed text above the entry states that every alternate is an individual, that the alternates take in equal and undivided shares with no right of survivorship, and that the survival and lapse rules of Section 114.103 govern. The form carries no custom provisions box. A designation naming a trust or an entity, varying the statutory shares, or placing the children ahead of the spouse follows a different pattern from the one this deed recites.
Revocation and Divorce Under Section 114.057
Each spouse may revoke the deed as to that spouse's own interest by an instrument of revocation or a later inconsistent deed, acknowledged after this deed and recorded before that spouse's death; under Section 114.057(d) a revocation by one transferor does not affect the deed as to the other transferor's interest. Section 114.057(c) matters on any deed naming a spouse: a final judgment dissolving the marriage revokes the deed as to the former spouse if notice of the judgment is recorded before the transferor's death, which leaves the alternate designation standing. A will does not revoke the deed. An instrument of revocation, and the affidavit a beneficiary records after a death, are prepared and recorded separately and are not included in this package.
Signing and Recording
Both spouses sign, and the form carries a separate acknowledgment certificate for each signer, so the spouses may appear before a notary on different dates. Under Section 114.101 the deed changes nothing during life, including homestead status and property tax exemptions. Under Section 114.055 the deed is effective only if recorded before death in the deed records of the county where the property is located; recording while both spouses are living places both designations of record at once. The first recorded page carries the Property Code Section 11.008 notice of confidentiality rights in 12 point boldfaced capitals above the title and reserves space for the clerk's stamp, and a non-recorded instructions page at the front describes the exhibit convention for an entry that outgrows its space.
The package contains three items: the fillable transfer on death deed, a completed example prepared on a realistic Williamson County fact pattern, and the guide that walks through each numbered section. This description and the guide describe the form and Texas law in general terms; they are not legal advice.
Important: Your property must be located in Upshur County to use these forms. Documents should be recorded at the county recording office listed above.
This Transfer on Death Deed (Community Property, Spouse First, Individual Beneficiaries) meets all recording requirements specific to Upshur County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Upshur 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
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I appreciated the fact that the forms were by Texas County and I knew I had the right form. The form were fairly easy to complete. I had trouble completing the form because the property description was long and kept disappearing and I had to re-type. It would also have helped it I could have saved and not had to start over every time.
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