Hays County Transfer on Death Deed Form

Hays County Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Hays County Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.

Hays County Completed Example of the Transfer on Death Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Texas and Hays County documents included at no extra charge:
Where to Record Your Documents
County Clerk's Main Office
San Marcos, Texas 78666
Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm
Phone: (512) 393-7738
County Clerk Precinct 2 Substation
Kyle, Texas 78666
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm
Phone: (512) 393-7330
Recording Tips for Hays County:
- Double-check legal descriptions match your existing deed
- White-out or correction fluid may cause rejection
- Verify all names are spelled correctly before recording
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Hays County
Properties in any of these areas use Hays County forms:
- Austin
- Buda
- Driftwood
- Dripping Springs
- Kyle
- San Marcos
- Wimberley
Hours, fees, requirements, and more for Hays County
How do I get my forms?
Forms are available for immediate download after payment. The Hays 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 Hays County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hays County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Hays 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 Hays County?
Recording fees in Hays County vary. Contact the recorder's office at (512) 393-7738 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Hays County.
Our Promise
The documents you receive here will meet, or exceed, the Hays 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 Hays 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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