84th Texas Legislature, Regular Session, Senate Bill 462, Chapter 841 Page: 3 of 21
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S.B. No. 462
1 U.S.C. Section 7003(b)).
2 SUBCHAPTER B. AUTHORIZATION, EXECUTION, AND REVOCATION OF TRANSFER
3 ON DEATH DEED
4 Sec. 114.051. TRANSFER ON DEATH DEED AUTHORIZED. An
5 individual may transfer the individual's interest in real property
6 to one or more beneficiaries effective at the transferor's death by
7 a transfer on death deed.
8 Sec. 114.052. TRANSFER ON DEATH DEED REVOCABLE. A transfer
9 on death deed is revocable regardless of whether the deed or another
10 instrument contains a contrary provision.
11 Sec. 114.053. TRANSFER ON DEATH DEED NONTESTAMENTARY. A
12 transfer on death deed is a nontestamentary instrument.
13 Sec. 114.054. CAPACITY OF TRANSFEROR; USE OF POWER OF
14 ATTORNEY. (a) The capacity required to make or revoke a transfer
15 on death deed is the same as the capacity required to make a
16 contract.
17 (b) A transfer on death deed may not be created through use
18 of a power of attorney.
19 Sec. 114.055. REQUIREMENTS. To be effective, a transfer on
20 death deed must:
21 (1) except as otherwise provided in Subdivision (2),
22 contain the essential elements and formalities of a recordable
23 deed;
24 (2) state that the transfer of an interest in real
25 property to the designated beneficiary is to occur at the
26 transferor's death; and
27 (3) be recorded before the transferor's death in the
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Texas. Legislature. Senate. 84th Texas Legislature, Regular Session, Senate Bill 462, Chapter 841, legislative document, June 17, 2015; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth704417/m1/3/: accessed April 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.