De Witt County Transfer on Death Deed Form (Texas)
All De Witt County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included De Witt County compliant document last validated/updated 10/25/2024
Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.
Included De Witt County compliant document last validated/updated 9/13/2024
Completed Example of the Transfer on Death Deed Document
Example of a properly completed form for reference.
Included De Witt County compliant document last validated/updated 10/9/2024
The following Texas and De Witt County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed forms, the subject real estate must be physically located in De Witt County. The executed documents should then be recorded in the following office:
DeWitt County Clerk
307 North Gonzales St, Cuero, Texas 77954
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm
Phone: 361-275-0864
Local jurisdictions located in De Witt County include:
- Cuero
- Hochheim
- Meyersville
- Nordheim
- Thomaston
- Westhoff
- Yorktown
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?
Immediately after you submit payment, the De Witt County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in De Witt County using our eRecording service.
Are these forms guaranteed to be recordable in De Witt County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Witt County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Deed 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 De Witt County that you need to transfer you would only need to order our forms once for all of your properties in De Witt County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or De Witt County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our De Witt County Transfer on Death Deed 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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)
Our Promise
The documents you receive here will meet, or exceed, the De Witt County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your De Witt 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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July 26th, 2021
I have been researching for months to figure out how to remove deceased owner of property with right of survivorship in Florida. The County Clerk was not helpful. They refer you to get legal advice which is expensive. So hopefully by completing these forms I can actually complete the task. And would be helpful to be reassured that this is all I need to complete overdue task. I was hesitant to pay, but I believe this is legit. If so- a great Thank you.
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February 26th, 2021
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March 17th, 2022
Spent several weeks searching the net for warranty deeds. For the money and correctness, IMHO, Deeds.com is far and away the best.
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February 25th, 2023
I think it needs to be easier to enlarge print to fit an 8"x12" sheet of paper. Printing off samples is difficult to read as it is too small
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Lucinda L.
December 29th, 2021
mostly good; however, you need to update the annual exclusion gift amount from $14,000 to $15,000 (where it has ben for several years), and you need to make your Gift Deed final paragraph be gender neutral like "they" or "he or she" rather than just"he". We women lawyers and our women clients appreciate that.
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Marion Paul W.
January 31st, 2019
Quick service .Easy download.I ordered Quit
Claim and should have ordered warranty deed. I will make it work
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April 14th, 2020
I was very glad to have this option for filing a form as it would have taken 4 days due to offices being closed to the public during the COVID 19 epidemic. I found the process to be fairly simple and I was able to file the document within 24 hours.
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October 21st, 2020
What a wonderful resource! Forms are so easy to use, made the process a breeze. Deeds even helped with the recording. Thank you.
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