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Texas - El Paso County Transfer on Death Deed Form

Deed Form Available For Download All El Paso County specific forms listed below are included in your immediate download:

El Paso County Transfer on Death Deed Form Page 1
Transfer on Death Deed Form - El Paso County
Fill in the blank form formatted to comply with all recording and content requirements.
Included | Document last updated 10/2/2017

El Paso County Transfer on Death Deed Guide Page 1
Transfer on Death Deed Guide - El Paso County
Line by line guide explaining every blank on the form.
Included | Document last updated 10/3/2017

El Paso County Completed Example of the Transfer on Death Deed Document Page 1
Completed Example of the Transfer on Death Deed Document - El Paso County
Example of a properly completed form for reference.
Included | Document last updated 10/2/2017

Notary Certificates
Notary Certificates *
Included supplemental form
The supplemental forms in this section can be used as loose certificates by Texas notaries.

*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
Frequently Asked Questions:
  • 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?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in El Paso County?
    • Yes. Our form blanks are guaranteed to meet and exceed all formatting requirements set forth by El Paso County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • What is included in the download?
    • A fill in the blank form used to create your Transfer on Death Deed.
    • A guide that explains every blank on the Transfer on Death Deed Form.
    • A completed example of the Transfer on Death Deed to give you an idea of what a properly completed document looks like.
    • All supplemental forms that may be required by El Paso County when recording your document.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

What is the Texas Transfer on Death Deed?

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.

Areas covered by these Transfer on Death Deed Forms:
  • El Paso County
Including:
  • Anthony
  • Canutillo
  • Clint
  • El Paso
  • Fabens
  • Fort Bliss
  • San Elizario
  • Tornillo
 
Included El Paso County Transfer on Death Deed Forms
 
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Get your El Paso 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.
 
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