Smith County Transfer on Death Deed (Community Property with Right of Survivorship) Form
Last validated July 13, 2026 by our Forms Development Team
Smith County Transfer on Death Deed (Community Property with Right of Survivorship) Form
Fill in the blank Transfer on Death Deed (Community Property with Right of Survivorship) form formatted to comply with all Texas recording and content requirements.

Smith County Transfer on Death Deed (Community Property with Right of Survivorship) Guide
Line by line guide explaining every blank on the Transfer on Death Deed (Community Property with Right of Survivorship) form.

Smith County Completed Example of the Transfer on Death Deed (Community Property with Right of Survivorship) Document
Example of a properly completed Texas Transfer on Death Deed (Community Property with Right of Survivorship) document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Texas and Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Clerk
Tyler, Texas 75702
Hours: 8:00am - 4:45pm M-F
Phone: (903) 590-4670
Recording Tips for Smith County:
- Verify all names are spelled correctly before recording
- Bring extra funds - fees can vary by document type and page count
- Recorded documents become public record - avoid including SSNs
- Have the property address and parcel number ready
- Bring multiple forms of payment in case one isn't accepted
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Arp
- Bullard
- Flint
- Lindale
- Troup
- Tyler
- Whitehouse
- Winona
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith 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 Smith County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Smith 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 Smith 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 Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (903) 590-4670 for current fees.
Questions answered? Let's get started!
Community property with right of survivorship lets a married couple in Texas pass their home to the surviving spouse at the first death without probate. By itself it does not say who receives the property after both spouses are gone. A transfer on death deed in this form answers that, naming the beneficiaries who take at the death of the last surviving spouse under Chapter 114 of the Texas Estates Code, built around the couple's community property survivorship agreement under Chapter 112.
Two Instruments, Two Deaths
The survivorship agreement and the deed divide the work. At the first death, the deceased spouse's interest passes to the surviving spouse under the survivorship agreement, and the deed transfers nothing. At the death of the last surviving spouse, the deed operates and the named beneficiaries receive the property. The form states this timing expressly, and its survival requirement runs from the last surviving spouse: a beneficiary qualifies by surviving the second death by 120 hours.
Why Community Property Has Its Own Deed Form
Section 114.002(3) of the Estates Code excludes owners of community property, with or without a right of survivorship, from the statutory definition of joint owners with right of survivorship. A deed that recites a joint tenancy, or leans on the joint owner provisions of Chapter 114, misdescribes how these Texas spouses hold title. This form recites community property with right of survivorship, identifies the Chapter 112 agreement by date and recording reference, and relies on that agreement, not a joint tenancy, for the first death. Each spouse may revoke the deed as to that spouse's interest under Chapter 114, and the deed neither creates nor modifies the survivorship agreement.
Recording Both Instruments
The deed must be recorded before death in the county where the property is located; that is an effectiveness requirement under Section 114.055. The survivorship agreement is effective when signed, and recording it serves notice and title purposes. Where both instruments exist, Texas practice is to record both, often together. Both spouses sign, and the form carries a separate notary certificate for each.
What Is Included
- The blank form as a fillable PDF, completed on screen or by hand.
- A plain language guide covering every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like.
- A completed example filled in for a realistic Texas fact pattern.
The document is formatted for Texas recording: letter size pages within Local Government Code Section 191.007, body text above the 8 point minimum, 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 clerk's recording stamp. A separate instructions page at the front describes how an entry that outgrows its space continues on a recorded exhibit page, and that page is removed before recording.
Related Texas Forms
The Texas Community Property Survivorship Agreement documents the survivorship arrangement this deed recites. The Texas Revocation of Community Property Survivorship Agreement ends that arrangement. A recorded deed on this form is revoked under Chapter 114, including by a recorded cancellation instrument. The Texas Affidavit of Death for Transfer on Death Deed documents the transfer in the title records after the death of the last surviving spouse.
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed (Community Property with Right of Survivorship) meets all recording requirements specific to Smith County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Smith 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 Smith County Transfer on Death Deed (Community Property 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.
4.8 out of 5 - ( 4766 Reviews )
Wayne A.
June 10th, 2021
good service but pricey.
Thank you for your feedback. We really appreciate it. Have a great day!
Garry D.
March 2nd, 2019
Prompt delivery of easy to use forms and clear instructions. Good value.
Thank you for your feedback. We really appreciate it. Have a great day!
Tammy B.
August 13th, 2020
I am so happy that I was able to get these forms. So simple to get and seems like will be easy to fill out . Thank you
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gene J.
September 6th, 2019
Easy to pay for, hard to download. A zip file containing all the forms would be a great addition. Your warning under the Review box needs help: see Your review may displayed publicly so please do not include any personal information.
Thank you for your feedback. We really appreciate it. Have a great day!
Michael S.
September 28th, 2019
So far so good! Easy site to navigate for old farts like me
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
RONNIE C.
February 20th, 2019
Excellent service and the time the documents send back to me was also excellent
Thank you!
Carl T.
October 1st, 2020
Awesome! Quick service and well worth the very minimal fee for the convenience of being able to quickly record my mothers will without having to leave the house. Also, our court is currently closed due to Covid. So happy to have found Deeds.com
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Juanita G.
February 5th, 2025
Easy and efficient service. The communication is on point. Thank you!
Thank you for your positive words! We’re thrilled to hear about your experience.
Debra W.
January 13th, 2021
I was trying to get a lien released for the last 3 month with Maricopa County and once I utilized your system it was complete within 24 hours of my filing. Great company and customer service, thank you!
Thank you for your feedback. We really appreciate it. Have a great day!
Melody P.
May 13th, 2021
Thank you for getting our docs recorded so quickly and efficiently! Great and dependable service, as always!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Zehira D.
August 19th, 2025
Great service! fast, reliable, and very affordable. No contract, no subscription
We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.
Dave S.
May 1st, 2019
Easy to use and get forms I needed. Corporate need for an invoice/receipt could be a bit easier - have to print screen to get any info.
Thank you for your feedback Dave, we really appreciate it.
SAMANTHA P.
September 19th, 2021
Very easy very clear very informative of direct information stating the obvious and the underlining of both contexts. Right place for the right Tools to establish ,verify ,correct then guidance for not only myself, but for our legacy that should and will be live on to be know. Thank you deeds.com!
Thank you!
Tarik W.
July 20th, 2021
Excellent customer service!!!!!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
John H.
October 13th, 2019
works nice
Thank you!