Smith County Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) Form
Last validated October 15, 2026 by our Forms Development TeamFormatted for recording in Smith County, for property anywhere in the county: rural and unincorporated areas as well as Arp, Bullard, Flint, Lindale, Troup, Tyler, Whitehouse, Winona.
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Smith County Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) Form
Fill in the blank Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) form formatted to comply with all Texas recording and content requirements.

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

Smith County Completed Example of the Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) Document
Example of a properly completed Texas Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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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:
- 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 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. 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 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!
A married Texan can name who receives that spouse's own community-property interest in real estate at death, without probate and without the other spouse signing. This Texas transfer on death deed is built for that configuration: one married transferor, one community-property interest held without a survivorship agreement, and beneficiaries who are individuals.
Half the title, one signature
Community property in Texas belongs to both spouses in undivided halves, whatever name the vesting deed carries. Section 114.051 of the Estates Code lets an individual transfer the individual's interest by a TOD deed, and that is the whole reach of this form: the transferor's undivided community interest. The deed names the transferor's spouse in its own section and states that the spouse is not a transferor and does not sign. During the transferor's life the deed transfers nothing, so the joinder rules that reach a sale or encumbrance of community property or a homestead do not reach it; Section 114.101 says the deed affects no interest or right of any other owner while the transferor lives.
The deed also recites that the interest is not held with a right of survivorship under a Chapter 112 agreement. Where such an agreement exists, the deceased spouse's interest moves to the survivor at the first death and a TOD deed waits for the second; this form recites the absence of that agreement and operates at this transferor's death.
Beneficiaries who are people, not entities
Chapter 114 allows a beneficiary to be any person in the broad Government Code sense, a trust or a company included. This form takes the narrower case: natural persons, each identified by full legal name and mailing address, as primary beneficiaries and optional alternates. A beneficiary takes by surviving the transferor by 120 hours. Where several individuals are named, Section 114.103 gives them equal and undivided shares with no survivorship among them; the share of one who does not survive lapses and passes under the anti-lapse rules of Chapter 255 as if the deed were a devise in a will.
A spouse can be one of those individuals, and Section 114.057(c) then supplies a rule of its own: if the marriage is dissolved after the deed is recorded, the final judgment revokes the deed as to the former spouse once notice of the judgment is recorded before the transferor's death in the county where the deed is recorded. A will does not revoke a recorded TOD deed; revocation takes a later recorded transfer on death deed or a recorded instrument of revocation, prepared and recorded separately and not included in this package.
What this configuration carries
The form prints its configuration as deed text rather than leaving it to a checkbox: one married transferor, one community-property interest, individual beneficiaries. It carries one transferor signature block, one acknowledgment certificate in the Texas short form, a section naming the non-signing spouse, and the statement Section 114.055 requires, that the transfer is to occur at the transferor's death. A home bought during the marriage and deeded to one spouse alone, and one deeded to both spouses with no survivorship language, present the pattern this deed recites. A separate-property interest, title held with a right of survivorship, a beneficiary that is a trust or an entity, and co-owners other than the transferor's spouse follow different patterns and are not what this deed is set up as.
Recording before death
Recording is a condition of effectiveness: 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; an unrecorded beneficiary deed transfers nothing. The form is laid out for the Texas county clerk: letter size pages, 12 point body text over the 8 point minimum of Local Government Code Section 191.007, the Property Code Section 11.008 notice in boldfaced capitals at the top of the first page, reserved recording space on page one, and beneficiary blanks sized for the mailing address Property Code Section 11.003 contemplates. An instructions cover page, removed before recording, covers the exhibit convention for a long entry.
The package includes the fillable form, a completed example filled in for a realistic Bexar County fact pattern in which a wife names her husband as primary beneficiary and their two children as alternates, and the guide that walks through every numbered section and the community property rules behind the deed. This description and the guide describe the form and the statutes in general terms; they are not legal advice.
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the county recording office listed above.
This Transfer on Death Deed (One Spouse, Community-Property Interest, Individual Beneficiaries) 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 (One Spouse, Community-Property Interest, 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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