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

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.

Document Last Validated 6/13/2026
Smith County Transfer on Death Deed (Community Property with Right of Survivorship) Guide

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.

Document Last Validated 7/10/2026
Smith County Completed Example of the Transfer on Death Deed (Community Property with Right of Survivorship) Document

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.

Document Last Validated 7/13/2026

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

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

Where to Record Your Documents

Smith County Clerk

Address:
200 East Ferguson St, Suite 300
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

View Complete Recorder Office Guide

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.

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