Revoking Transfer on Death Deeds in Texas
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.
Transfer on death deeds are nontestamentary instruments (not using a will). 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).
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 do not generally involve consideration (something of value given in exchange for the property) (114.056).
The statute provides several methods for revoking a transfer on death deed. 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).
While the first two options are effective, it makes sense to file an instrument of revocation, because it provides a start and end point to a recorded TODD, which should reduce confusion in future title searches. For additional clarity, best practices dictate that an efficient estate plan does not contain conflicting directions, so make sure that wills, etc., reflect the most current information and the related documents can work together to reinforce the owner's intent.
Before revoking a transfer on death deed, consider the effect it will have on the comprehensive estate. Each situation is unique, so for complex circumstances or additional questions, contact a local attorney.
Deeds.com Texas Transfer on Death Revocation Forms Have Been Updated as Recently as Wednesday March 20, 2019
What others like you are saying:
Cathleen H. said: The pdf form is good; however, the input boxes merge into the line above so the text is hard to read when complete. I added a return before entering my data and this solved the problem.
Reply from Staff: Thank you for your feedback Cathleen. We will have staff take a look at the document for issues with the text fields. Have a great day!
Christine A. said: So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply. Thank you, Christine Alvarez
Reply from Staff: Thanks for the feedback. Looks like your E-recording invoice is available. It takes a few minutes for our staff to prepare documents for recording and generate the invoice.
Pat K. said: It has been very easy. Like that the recording is so fast.
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Grace G. said: The Forms I received were perfect for me. I also double ordered one of the forms and you corrected it on the spot. Thanks. (I am a Real Estate Broker)
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Michael L. said: I accidentally ordered the wrong deed package. Was looking for a quit claim deed and got a trustee deed. I immediately emailed the company, nothing back from them. I would like to exchange my purchase.
Reply from Staff: Thank you for your feedback. We replied to your message on December 20th at 2:05 pm, the reply was as follows: As a one time courtesy we have canceled your order/payment for the Trustee Deed document.
Earline S. said: Total package. Very prompt with complete instructions & example to complete forms. If you don't want to hire a lawyer, this is pretty simple & will bypass probate.
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Select County where the property is located.