Smith County Transfer on Death Deed Form

Additional Texas and Smith County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

• Arp
• Bullard
• Flint
• Lindale
• Troup
• Tyler
• Whitehouse
• Winona

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A Texas transfer on death deed (TODD) allows property owners to designate a beneficiary who will receive real estate upon the owner's death, outside the probate process. The owner retains full control during their lifetime: they can sell, mortgage, rent, or use the property however they wish, with no obligation to notify the beneficiary (Tex. Est. Code § 114.101).
IMPORTANT: Transfer on death deeds and associated revocations must be recorded while the owner is alive or they have no effect.

Revocability
The deed is completely revocable. Because no consideration changes hands and beneficiaries need not be notified, the owner can change their mind at any time by recording a new TODD, executing a revocation, or conveying the property to someone else (§ 114.052, § 114.057).

Execution Requirements (§ 114.055)
To be valid, a Texas transfer on death deed must meet all state and local standards for recordable deeds, state that the transfer takes effect at the owner's death, and be recorded in the county clerk's office where the property is located during the owner's lifetime.

How Title Passes
The deed conveys title without warranties, subject to any existing encumbrances at the time of death (§ 114.104(a)). Multiple beneficiaries receive equal, undivided shares with no right of survivorship unless otherwise specified (§ 114.103(a)(3)). Beneficiaries may disclaim all or part of their interest if desired (§ 114.105).

Coordination with Estate Plans
Under § 114.057(b), the recorded TODD takes precedence over conflicting provisions in the owner's will. For a cohesive estate plan, all documents should work together to carry out the owner's intent.
Texas adopted transfer on death deeds under the Texas Real Property Transfer on Death Act (Chapter 114, Texas Estates Code), modeled after the Uniform Real Property Transfer on Death Act. The effect of a TODD on a comprehensive estate plan and eligibility for needs-based benefits varies by situation. For complex circumstances or additional questions, consult a local attorney.
(Texas Transfer on Death Deed Package includes form, guidelines, and completed example)

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 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.

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