Delta County Transfer on Death Deed Form (Texas)

All Delta County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Deed Form

Delta County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Delta County compliant document last validated/updated 5/30/2024

Transfer on Death Deed Guide

Delta County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Delta County compliant document last validated/updated 3/21/2024

Completed Example of the Transfer on Death Deed Document

Delta County Completed Example of the Transfer on Death Deed Document

Example of a properly completed form for reference.
Included Delta County compliant document last validated/updated 4/26/2024

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Delta County. The executed documents should then be recorded in the following office:

Delta County Clerk

200 W. Dallas Ave, Cooper, Texas 75432

Hours: Monday - Friday 8:00am - 5:00pm

Phone: 903-395-4400 Ext 222

Local jurisdictions located in Delta County include:

  • Ben Franklin
  • Cooper
  • Enloe
  • Klondike
  • Lake Creek
  • Pecan Gap

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Delta County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Delta County using our eRecording service.
Are these forms guaranteed to be recordable in Delta County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Delta County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Delta County that you need to transfer you would only need to order our forms once for all of your properties in Delta County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Delta County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Delta County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

On September 1, 2015, owners of real property in Texas gained access to a useful estate planning tool: the statutory transfer on death deed (TODD). Modeled after the Uniform Real Property Transfer on Death Act and located at Chapter 14 of the Texas Estates Code, the Texas Real Property Transfer on Death Act governs the use of transfer on death deeds in the State of Texas.

IMPORTANT: TRANSFER ON DEATH DEEDS AND ASSOCIATED REVOCATIONS MUST BE RECORDED WHILE THE OWNER IS ALIVE OR THEY HAVE NO EFFECT.

Requiring the same level of competency as needed for a contract ( 114.054), transfer on death deeds are nontestamentary (not using a will) instruments. They allow transferors/owners to retain absolute ownership of and control over their land during their lives -- they may sell, mortgage, rent, or otherwise use the real estate as they desire, with no penalty for waste or obligation to notify the beneficiaries ( 114.101).
To be lawfully executed, a TODD must fulfill three minimum standards, set out in 114.055:

* Meet all state and local standards for recordable deeds, including appropriate content and format

* State that the transfer will take place at the owner's death

* Be recorded, during the owner's natural lifetime, in the deed records in the county clerk's office for the county where the property is located.

By recording the executed TODD, property owners may also take advantage of one of the most unique aspects of these instruments: revocability ( 114.052). Revocability is possible for two primary reasons: there is no obligation to notify the beneficiaries about the potential future interest they stand to gain when the owner dies; and these conveyances generally do not involve consideration (something of value given in exchange for the property) ( 114.056).

The statute provides several methods for revoking a TODD. The owner may execute and record a new TODD, cancelling the prior deed and designating a different beneficiary. The owner may also sell the real estate to someone else using a standard inter vivos conveyance such as a warranty deed or a quitclaim deed that contains a comment revoking the TODD. A third option uses a revocation form, which, after recording, cancels all previously recorded TODDs ( 114.057).

Transfer on death deeds convey title with no warranties of title, and subject to all agreements, encumbrances, and other interests in place at the time of the owner's death ( 114.104(a)). Two or more beneficiaries take ownership in equal and undivided shares with no right of survivorship ( 114.103(a)(3)).

In much the same way that owners may wish to change or revoke a beneficiary designation, sometimes beneficiaries are unable or unwilling to accept the property after the owner dies. To address this need, beneficiaries may disclaim all or part of the interest in land ( 114.105).

Under 114.057(b), the recorded TODD is not affected by information contained within the owner's will. Even so, best practices dictate that an efficient estate plan does not contain conflicting directions, so make sure that the documents work together to reinforce the owner's intent.

Overall, TODDs offer a useful, flexible estate planning tool to owners of real property in Texas. Before committing to a TODD, consider the effect it will have on the comprehensive estate plan as well as eligibility for income-and/or-asset-based benefits. Each situation is unique, so for complex circumstances or additional questions, contact a local attorney.

(Texas Transfer of Death Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Delta County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Delta County Transfer on Death Deed 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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August 19th, 2019

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January 3rd, 2019

The site delivered just what it promised - I needed a specific deed formatted for a specific county/state, and they delivered it at a great price. One note for improvement - it is not intuitively obvious that I could go back and re-download if necessary and this caused me stress, but a follow up email alleviated this. Great service!

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April 13th, 2020

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September 8th, 2022

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June 11th, 2019

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December 11th, 2019

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February 2nd, 2023

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May 19th, 2020

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