Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Form

Last validated October 15, 2026 by our Forms Development Team

Formatted for recording in Upshur County, for property anywhere in the county: rural and unincorporated areas as well as Big Sandy, Diana, Gilmer, Ore City.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Form

Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Form

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

Document last validated 10/15/2026
Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Guide

Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Guide

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

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

Upshur County Completed Example of the Transfer on Death Deed (Community Property with Right of Survivorship, Individual Beneficiaries) Document

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

Document last validated 10/15/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Upshur County Clerk

Address:
Courthouse - 215 N Titus St, 2nd floor / PO Box 730
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
  • Double-check legal descriptions match your existing deed
  • Verify all names are spelled correctly before recording
  • White-out or correction fluid may cause rejection

Cities and Jurisdictions in Upshur County

Properties in any of these areas use Upshur County forms:

  • Big Sandy
  • Diana
  • Gilmer
  • Ore City

View Complete Recorder Office Guide

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!

This Texas transfer on death deed is drafted for two spouses who hold their real property as community property with right of survivorship and who want the people they name, by name, to receive it after both of them have died. The deed designates individual beneficiaries only: natural persons such as children, grandchildren, or other relatives and friends, each identified in that person's own name, under Chapter 114 of the Texas Estates Code.

Beneficiaries Who Are People, Not Entities

Chapter 114 lets a transfer on death deed name a person as beneficiary, and the Estates Code borrows the Government Code definition of person, which reaches corporations, trusts, estates, partnerships, and associations as well as human beings. This form carries the narrower configuration. Its beneficiary sections state that each beneficiary designated in the deed is an individual, a natural person designated in that individual's own name, and the completed example names two adult children as primary beneficiaries and a granddaughter as alternate. A designation of a living trust, a charity, or a family company is one this form is not set up as; its fixed text describes natural persons and nothing else.

What the Deed Recites

The deed recites two transferors who are married to each other and who hold title as community property with right of survivorship under a community property survivorship agreement made under Chapter 112, which the deed identifies by date and recording reference. Both spouses sign, and the form carries an acknowledgment certificate for each signer under the Civil Practice and Remedies Code short form, a layout choice that lets the spouses acknowledge on different dates or before different officers. The operative section states, in the words Section 114.055 calls for, that the transfer to the designated beneficiaries is to occur at the death of the last surviving spouse, and it states that at the first death the deceased spouse's interest passes to the survivor under the agreement while the deed transfers nothing. The deed's warnings in capital letters add that it neither creates, revokes, nor modifies the survivorship agreement, and that it revokes any earlier recorded transfer on death deed for the property to the extent the two are inconsistent.

Because the agreement, not a joint tenancy, carries the first death, the deed does not describe the spouses as joint owners with right of survivorship, a term Section 114.002(3) reserves for co-owners who are not holding community property. Each spouse keeps the ability to revoke the deed as to that spouse's interest by a later recorded instrument, and under Section 114.057 a will cannot do the job.

Shares, Survival, and Lapse Under Chapter 114

The form provides no drafting space for custom share language or a homemade survivorship clause among the beneficiaries. Instead it carries the rules of Section 114.103 as fixed text: a beneficiary takes only by surviving the last surviving spouse by 120 hours, two or more beneficiaries take equal and undivided shares with no right of survivorship among them, and the share of a beneficiary who does not survive lapses and passes as that section provides, which sends a deceased child's share to that child's surviving descendants under the anti-lapse rules of Chapter 255. The optional alternate section names the individuals who take only if no primary beneficiary takes under the deed.

Recording While Both Spouses Are Living

Recording is what makes a Texas beneficiary deed effective. Section 114.055 requires the deed to be recorded before the transferor's death in the deed records of the county where the property lies, and since both spouses are transferors on this form, the deed goes of record while both are alive. The Property Code Section 11.008 notice of confidentiality rights heads the first page in boldfaced capitals above the 12 point size that section requires, the body prints at 12 point over the 8 point floor of Local Government Code Section 191.007, and the top of page one is held open for the clerk's stamp. A non-recorded instructions page at the front of the PDF explains that a long legal description continues on an exhibit page recorded with the deed, and that page comes off before signing.

The package includes the fillable form, a completed example filled in for a realistic Williamson County fact pattern, and the guide that walks through every numbered section and the statutes behind it. This description and the guide describe the form and the governing 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 with Right of Survivorship, 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

Get your Upshur County Transfer on Death Deed (Community Property with Right of Survivorship, 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.

4.8 out of 5 - ( 4,828 Reviews )

THOMAS C. 5 out of 5 stars

Very fast service

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Gerald S. 5 out of 5 stars

The paperwork for our transfer on death deed was easy to fill out and the county has excepted it for recording Very satisfied.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

June G. 5 out of 5 stars

AMAZING! Easy to use, reasonable fee - and get MUCH MORE than just a deed form. I ordered a "deed" and received a whole "package," including a guide and the jurisdiction's costs schedule and cover page that would be needed to record the deed - even included a Certificate of Transfer that is not required for a deed but something I needed for a different transaction. The website was extremely easy to use and the cautions about not disclosing personal information were so clear and personal, they made me feel secure in knowing this site was not trying to rip me off. Very professional. Well done.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Lynne Z. 3 out of 5 stars

not enough room for legal description. Wouldn't allow me to enter widow status in owner box. Not clear who to send it to so I printed it out and will ask the notary who I use for recording it.

Reply from Staff

Thank you!

Tiffany Dawn J. 3 out of 5 stars

Would be nice to have a better description on how to complete the forms if it is separated couple and one is signing the deed over to the other. I am still unsure how it should be worded. Disappointed that the guide didn't have better explanations.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Tuesday G. 5 out of 5 stars

This was a great site to use. They responded quickly when needed. And with i 24 hours the deed was filed. Very happy with with site and company! Thank you!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

James L. 5 out of 5 stars

The process to obtain online forms was simple and straight forward and uncomplicated.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Frank H. 5 out of 5 stars

All the forms downloaded are very comprehensive of Quit Claim transfers.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

ronnie y. 5 out of 5 stars

well worth the money thank you

Reply from Staff

Thank you!

Michael G. S. 5 out of 5 stars

The process was quite easy, following the instructional guide. I have yet to find out if the deed was accepted, but your site was very user friendly.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Margaret F. 3 out of 5 stars

They were very responsive although not able to find the document I was requesting. Will be checking to make sure they refunded the fee on my credit card

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kerrin S. 5 out of 5 stars

This was so efficient. Thank you for offering this service!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Mark S. 5 out of 5 stars

No Brainer. Easy to use. Good service. I recommend this.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Cynthia H. 5 out of 5 stars

The entire process was simple and easy, from purchasing, downloading and saving the documents.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Gary M. 5 out of 5 stars

This was such an easy experience

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!