reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.155. Effect of Death of Party on Certain Accounts Without Rights of Survivorship

Sec. 113.155.  EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS WITHOUT RIGHTS OF SURVIVORSHIP.  The death of a party to a multiple-party account to which Sections 113.151, 113.152, and 113.153 do not apply has no effect on the beneficial ownership of the account, other than to transfer the rights of the deceased party as part of the deceased party's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.156. Applicability of Certain Provisions on Death of Party

Sec. 113.156.  APPLICABILITY OF CERTAIN PROVISIONS ON DEATH OF PARTY.  Sections 113.151, 113.152, 113.153, and 113.155 as to rights of survivorship are determined by the form of the account at the death of a party.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.157. Written Notice to Financial Institutions Regarding Form of Account

Sec. 113.157.  WRITTEN NOTICE TO FINANCIAL INSTITUTIONS REGARDING FORM OF ACCOUNT.  Notwithstanding any other law, the form of an account may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account.  The order or request must be signed by a party, received by the financial institution during the party's lifetime, and not countermanded by another written order of the same party during the party's lifetime.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.158. Nontestamentary Nature of Certain Transfers

Sec. 113.158.  NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.  Transfers resulting from the application of Sections 113.151, 113.152, 113.153, and 113.155 are effective by reason of the account contracts involved and this chapter and are not to be considered testamentary transfers or subject to the testamentary provisions of this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.201. Applicability of Subchapter

Sec. 113.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter and Section 113.003(b) govern:
(1)  the liability of financial institutions that make payments as provided by this subchapter; and
(2)  the set-off rights of those institutions.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.202. Payment of Multiple-Party Account

Sec. 113.202.  PAYMENT OF MULTIPLE-PARTY ACCOUNT.  A multiple-party account may be paid, on request, to any one or more of the parties.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.203. Payment of Joint Account

Sec. 113.203.  PAYMENT OF JOINT ACCOUNT.  (a)  Subject to Subsection (b), amounts in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded.
(b)  Payment may not be made to the personal representative or heir of a deceased party unless:
(1)  proofs of death are presented to the financial institution showing that the deceased party was the last surviving party; or
(2)  there is no right of survivorship under Sections 113.151, 113.152, 113.153, and 113.155.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.204. Payment of P

Sec. 113.204.  PAYMENT OF P.O.D. ACCOUNT.  (a)  A P.O.D. account may be paid, on request, to any original payee of the account.
(b)  Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee on the presentation to the financial institution of proof of death showing that the P.O.D. payee survived each person named as an original payee.
(c)  Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of each other person named on the account as an original payee or a P.O.D. payee.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.205. Payment of Trust Account

Sec. 113.205.  PAYMENT OF TRUST ACCOUNT.  (a)  A trust account may be paid, on request, to any trustee.
(b)  Unless a financial institution has received written notice that a beneficiary has a vested interest not dependent on the beneficiary's surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of each other person named on the account as a trustee or beneficiary.
(c)  Payment may be made, on request, to a beneficiary if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as trustees.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.206. Payment of Convenience Account

Sec. 113.206.  PAYMENT OF CONVENIENCE ACCOUNT.  Deposits to a convenience account and additions and accruals to the deposits may be paid to a party or a convenience signer.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.207. Liability for Payment From Joint Account After Death

Sec. 113.207.  LIABILITY FOR PAYMENT FROM JOINT ACCOUNT AFTER DEATH.  A financial institution that pays an amount from a joint account to a surviving party to that account in accordance with a written agreement under Section 113.151 is not liable to an heir, devisee, or beneficiary of the deceased party's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.208. Liability for Payment From Convenience Account

Sec. 113.208.  LIABILITY FOR PAYMENT FROM CONVENIENCE ACCOUNT.  (a)  A financial institution is completely released from liability for a payment made from a convenience account before the financial institution receives notice in writing signed by a party not to make the payment in accordance with the terms of the account.  After receipt of the notice from a party, the financial institution may require a party to approve any further payments from the account.
(b)  A financial institution that makes a payment of the sums on deposit in a convenience account to a convenience signer after the death of the last surviving party, but before the financial institution receives written notice of the last surviving party's death, is completely released from liability for the payment.
(c)  A financial institution that makes a payment of the sums on deposit in a convenience account to the personal representative of the deceased last surviving party's estate after the death of the last surviving party, but before a court order prohibiting payment is served on the financial institution, is, to the extent of the payment, released from liability to any person claiming a right to the funds.  The personal representative's receipt of the funds is a complete release and discharge of the financial institution.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.209. Discharge From Claims

Sec. 113.209.  DISCHARGE FROM CLAIMS.  (a)  Payment made in accordance with Section 113.202, 113.203, 113.204, 113.205, or 113.207 discharges the financial institution from all claims for those amounts paid regardless of whether the payment is consistent with the beneficial ownership of the account between parties, P.O.D. payees, or beneficiaries, or their successors.
(b)  The protection provided by Subsection (a) does not extend to payments made after a financial institution receives, from any party able to request present payment, written notice to the effect that withdrawals in accordance with the terms of the account should not be permitted.  Unless the notice is withdrawn by the person giving the notice, the successor of a deceased party must concur in a demand for withdrawal for the financial institution to be protected under Subsection (a).
(c)  No notice, other than the notice described by Subsection (b), or any other information shown to have been available to a financial institution affects the institution's right to the protection provided by Subsection (a).
(d)  The protection provided by Subsection (a) does not affect the rights of parties in disputes between the parties or the parties' successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter E. Protection of Financial Institutions › Section 113.210. Set-Off to Financial Institution

Sec. 113.210.  SET-OFF TO FINANCIAL INSTITUTION.  (a)  Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.
(b)  The amount of the account subject to set-off under this section is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter F. Rights of Creditors; Pledge of Account › Section 113.251. Pledge of Account

Sec. 113.251.  PLEDGE OF ACCOUNT.  (a)  A party to a multiple-party account may pledge the account or otherwise create a security interest in the account without the joinder of, as applicable, a P.O.D. payee, a beneficiary, a convenience signer, or any other party to a joint account, regardless of whether  a right of survivorship exists.
(b)  A convenience signer may not pledge or otherwise create a security interest in an account.
(c)  Not later than the 30th day after the date a security interest on a multiple-party account is perfected, a secured creditor that is a financial institution with accounts insured by the Federal Deposit Insurance Corporation shall provide written notice of the pledge of the account to any other party to the account who did not create the security interest.  The notice must be sent by a qualified delivery method to each other party at the last address the party provided to the depository bank.
(d)  The financial institution is not required to provide the notice described by Subsection (c) to a P.O.D. payee, beneficiary, or convenience signer.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter F. Rights of Creditors; Pledge of Account › Section 113.252. Rights of Creditors

Sec. 113.252.  RIGHTS OF CREDITORS.  (a)  A multiple-party account is not effective against:
(1)  an estate of a deceased party to transfer to a survivor:
(A)  amounts equal to the amounts of estate taxes and expenses charged under Subchapter A, Chapter 124, to the deceased party, P.O.D. payee, or beneficiary of the account; or
(B)  if other assets of the estate are insufficient, amounts needed to pay debts, other taxes, and expenses of administration, including statutory allowances to the surviving spouse and minor children; or
(2)  the claim of a secured creditor who has a lien on the account.
(b)  A party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account or causes a payment to be made to another person from a multiple-party account after the death of a deceased party is liable to account to the deceased party's personal representative for amounts the deceased party owned beneficially immediately before the party's death to the extent necessary to discharge the claims, expenses, and charges described by Subsection (a). The party, P.O.D. payee, or beneficiary is not liable in an amount greater than the amount the party, P.O.D. payee, or beneficiary received or caused to be paid to another person from the multiple-party account after the deceased party's death.
(c)  Any proceeding by the personal representative of a deceased party to assert liability under Subsection (b):
(1)  may be commenced only if the personal representative receives a written demand by a surviving spouse, a creditor, or a person acting on behalf of a minor child of the deceased party; and
(2)  must be commenced on or before the second anniversary of the death of the deceased party.
(d)  Amounts recovered by the personal representative under this section must be administered as part of the decedent's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter F. Rights of Creditors; Pledge of Account › Section 113.253. No Effect on Certain Rights and Liabilities of Financial Institutions

Sec. 113.253.  NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES OF FINANCIAL INSTITUTIONS.  This subchapter does not:
(1)  affect the right of a financial institution to make payment on multiple-party accounts according to the terms of the account; or
(2)  make the financial institution liable to the estate of a deceased party unless, before payment, the institution received written notice from the personal representative stating the amounts needed to pay debts, taxes, claims, and expenses of administration.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.001. Short Title

Sec. 114.001.  SHORT TITLE.  This chapter may be cited as the Texas Real Property Transfer on Death Act.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.002. Definitions

Sec. 114.002.  DEFINITIONS.  (a)  In this chapter:
(1)  "Beneficiary" means a person who receives real property under a transfer on death deed.
(2)  "Designated beneficiary" means a person designated to receive real property in a transfer on death deed.
(3)  "Joint owner with right of survivorship" or "joint owner" means an individual who owns real property concurrently with one or more other individuals with a right of survivorship.  The term does not include a tenant in common or an owner of community property with or without a right of survivorship.
(4)  "Person" has the meaning assigned by Section 311.005, Government Code.
(5)  "Real property" means an interest in real property located in this state.
(6)  "Transfer on death deed" means a deed authorized under this chapter and does not refer to any other deed that transfers an interest in real property on the death of an individual.
(7)  "Transferor" means an individual who makes a transfer on death deed.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 47(1) and Ch. 337 (S.B. 874), Sec. 3(1), eff. September 1, 2019.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 337 (S.B. 874), Sec. 3(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 47(1), eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.003. Applicability

Sec. 114.003.  APPLICABILITY.  This chapter applies to a transfer on death deed executed and acknowledged on or after September 1, 2015, by a transferor who dies on or after September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.004. Nonexclusivity

Sec. 114.004.  NONEXCLUSIVITY.  This chapter does not affect any method of transferring real property otherwise permitted under the laws of this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.005. Uniformity of Application and Construction

Sec. 114.005.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law similar to this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter A. General Provisions › Section 114.006. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 114.006.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), except that this chapter does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.051. Transfer on Death Deed Authorized

Sec. 114.051.  TRANSFER ON DEATH DEED AUTHORIZED.  An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.052. Transfer on Death Deed Revocable

Sec. 114.052.  TRANSFER ON DEATH DEED REVOCABLE.  A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.053. Transfer on Death Deed Nontestamentary

Sec. 114.053.  TRANSFER ON DEATH DEED NONTESTAMENTARY.  A transfer on death deed is a nontestamentary instrument.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.054. Capacity of Transferor; Use of Power of Attorney

Sec. 114.054.  CAPACITY OF TRANSFEROR; USE OF POWER OF ATTORNEY.  (a)  The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract.
(b)  A transfer on death deed may not be created through use of a power of attorney.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.055. Requirements

Sec. 114.055.  REQUIREMENTS.  To be effective, a transfer on death deed must:
(1)  except as otherwise provided in Subdivision (2), contain the essential elements and formalities of a recordable deed;
(2)  state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and
(3)  be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.056. Notice, Delivery, Acceptance, or Consideration Not Required

Sec. 114.056.  NOTICE, DELIVERY, ACCEPTANCE, OR CONSIDERATION NOT REQUIRED.  A transfer on death deed is effective without:
(1)  notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
(2)  consideration.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed › Section 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution

Sec. 114.057.  REVOCATION BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION.  (a)  Subject to Subsections (d) and (e), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if the instrument:
(1)  is one of the following:
(A)  a subsequent transfer on death deed that revokes the preceding transfer on death deed or part of the deed expressly or by inconsistency; or
(B)  except as provided by Subsection (b), an instrument of revocation that expressly revokes the transfer on death deed or part of the deed;
(2)  is acknowledged by the transferor after the acknowledgment of the deed being revoked; and
(3)  is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed being revoked is recorded.
(b)  A will may not revoke or supersede a transfer on death deed.
(c)  If a marriage between the transferor and a designated beneficiary is dissolved after a transfer on death deed is recorded, a final judgment of the court dissolving the marriage operates to revoke the transfer on death deed as to that designated beneficiary if notice of the judgment is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed is recorded, notwithstanding Section 111.052.
(d)  If a transfer on death deed is made by more than one transferor, revocation by a transferor does not affect the deed as to the interest of another transferor who does not make that revocation.
(e)  A transfer on death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners.
(f)  This section does not limit the effect of an inter vivos transfer of the real property.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.101. Effect of Transfer on Death Deed During Transferor's Life

Sec. 114.101.  EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.  During a transferor's life, a transfer on death deed does not:
(1)  affect an interest or right of the transferor or any other owner, including:
(A)  the right to transfer or encumber the real property that is the subject of the deed;
(B)  homestead rights in the real property, if applicable; and
(C)  ad valorem tax exemptions, including exemptions for residence homestead, persons 65 years of age or older, persons with disabilities, and veterans;
(2)  affect an interest or right of a transferee of the real property that is the subject of the deed, even if the transferee has actual or constructive notice of the deed;
(3)  affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4)  affect the transferor's or designated beneficiary's eligibility for any form of public assistance, subject to applicable federal law;
(5)  constitute a transfer triggering a "due on sale" or similar clause;
(6)  invoke statutory real estate notice or disclosure requirements;
(7)  create a legal or equitable interest in favor of the designated beneficiary; or
(8)  subject the real property to claims or process of a creditor of the designated beneficiary.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.102. Effect of Subsequent Conveyance on Transfer on Death Deed

Sec. 114.102.  EFFECT OF SUBSEQUENT CONVEYANCE ON TRANSFER ON DEATH DEED.  An otherwise valid transfer on death deed is void as to a subsequent grantee of an interest in real property that is conveyed by the transferor during the transferor's lifetime after the transfer on death deed is executed and recorded if:
(1)  a valid instrument conveying the interest or a memorandum sufficient to give notice of the conveyance of the interest is recorded in the deed records in the county clerk's office of the same county in which the transfer on death deed is recorded; and
(2)  the recording of the instrument or memorandum occurs before the transferor's death.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.103. Effect of Transfer on Death Deed at Transferor's Death

Sec. 114.103.  EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH.
(a)  Except as otherwise provided in the transfer on death deed, this section, or any other statute or the common law of this state governing a decedent's estate, on the death of the transferor, the following rules apply to an interest in real property that is the subject of a transfer on death deed and owned by the transferor at death:
(1)  if the designated beneficiary survives the transferor by 120 hours, the interest in the real property is transferred to the designated beneficiary in accordance with the deed;
(2)  the share of any designated beneficiary that fails to survive the transferor by 120 hours lapses, notwithstanding Section 111.052, and is subject to and passes in accordance with Subchapter D, Chapter 255, as if the transfer on death deed were a devise made in a will; and
(3)  subject to Subdivision (2), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(b)  If a transferor is a joint owner with right of survivorship who is survived by one or more other joint owners, the real property that is the subject of the transfer on death deed belongs to the surviving joint owner or owners.  If a transferor is a joint owner with right of survivorship who is the last surviving joint owner, the transfer on death deed is effective.
(c)  If a transfer on death deed is made by two or more transferors who are joint owners with right of survivorship, the last surviving joint owner may revoke the transfer on death deed subject to Section 114.057.
(d)  A transfer on death deed transfers real property without covenant of warranty of title even if the deed contains a contrary provision.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 971 (S.B. 2150), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.104. Transfer on Death Deed Property Subject to Liens and Encumbrances at Transferor's Death; Creditors' Claims

Sec. 114.104.  TRANSFER ON DEATH DEED PROPERTY SUBJECT TO LIENS AND ENCUMBRANCES AT TRANSFEROR'S DEATH; CREDITORS' CLAIMS.  (a)  Subject to Section 13.001, Property Code, a beneficiary takes the real property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the real property is subject at the transferor's death.  For purposes of this subsection and Section 13.001, Property Code, the recording of the transfer on death deed is considered to have occurred at the transferor's death.
(b)  If a personal representative has been appointed for the transferor's estate, an administration of the estate has been opened, and the real property transferring under a transfer on death deed is subject to a lien or security interest, including a deed of trust or mortgage, the personal representative shall give notice to the creditor of the transferor as the personal representative would any other secured creditor under Section 308.053.  The creditor shall then make an election under Section 355.151 in the period prescribed by Section 355.152 to have the claim treated as a matured secured claim or a preferred debt and lien claim, and the claim is subject to the claims procedures prescribed by this section.
(c)  If the secured creditor elects to have the claim treated as a preferred debt and lien claim, Sections 355.154 and 355.155 apply as if the transfer on death deed were a devise made in a will, and the creditor may not pursue any other claims or remedies for any deficiency against the transferor's estate.
(d)  If the secured creditor elects to have the claim treated as a matured secured claim, Section 355.153 applies as if the transfer on death deed were a devise made in a will, and the claim is subject to the procedural provisions of this title governing creditor claims.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.105. Disclaimer

Sec. 114.105.  DISCLAIMER.  A designated beneficiary may disclaim all or part of the designated beneficiary's interest as provided by Chapter 122.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 114 - Transfer on Death Deed › Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors' Claims › Section 114.106. Liability for Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances

Sec. 114.106.  LIABILITY FOR CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES.  (a)  To the extent the transferor's estate is insufficient to satisfy a claim against the estate, expenses of administration, any estate tax owed by the estate, or an allowance in lieu of exempt property or family allowance to a surviving spouse, minor children, or incapacitated adult children, the personal representative may enforce that liability against real property transferred at the transferor's death by a transfer on death deed to the same extent the personal representative could enforce that liability if the real property were part of the probate estate.
Text of subsection effective until April 01, 2025
(b)  Notwithstanding Subsection (a), real property transferred at the transferor's death by a transfer on death deed is not considered property of the probate estate for any purpose, including for purposes of Section 531.077, Government Code.
Text of subsection effective on April 01, 2025
(b)  Notwithstanding Subsection (a), real property transferred at the transferor's death by a transfer on death deed is not considered property of the probate estate for any purpose, including for purposes of Section 546.0403, Government Code.
(c)  If a personal representative does not commence a proceeding to enforce a liability under Subsection (a) on or before the 90th day after the date the representative receives a demand for payment, a proceeding to enforce the liability may be brought by a creditor, a distributee of the estate, a surviving spouse of the decedent, a guardian or other appropriate person on behalf of a minor child or adult incapacitated child of the decedent, or any taxing authority.
(d)  If more than one real property interest is transferred by one or more transfer on death deeds or if there are other nonprobate assets of the transferor that may be liable for the claims, expenses, and other payments specified in Subsection (a), the liability for those claims, expenses, and other payments may be apportioned among those real property interests and other assets in proportion to their net values at the transferor's death.
(e)  A proceeding to enforce liability under this section must be commenced not later than the second anniversary of the transferor's death, except for any rights arising under Section 114.104(d).
(f)  In connection with any proceeding brought under this section, a court may award costs and reasonable and necessary attorney's fees in amounts the court considers equitable and just.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.04, eff. April 1, 2025.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.001. Definitions

Sec. 115.001.  DEFINITIONS.  In this chapter:
(1)  "Beneficiary designation" means the designation by an owner of a motor vehicle of a beneficiary of the vehicle as provided by Section 501.0315, Transportation Code.
(2)  "Designated beneficiary" means a person designated as a beneficiary of an owner's interest in a motor vehicle under Section 501.0315, Transportation Code.
(3)  "Joint owner with right of survivorship" or "joint owner" means a person who owns a motor vehicle concurrently with one or more other persons with a right of survivorship.  The term does not include an owner of community property with or without a right of survivorship.
(4)  "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.
(5)  "Person" has the meaning assigned by Section 311.005, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.002. Beneficiary Designation Authorized

Sec. 115.002.  BENEFICIARY DESIGNATION AUTHORIZED.  (a)  An owner of a motor vehicle may transfer the owner's interest in the motor vehicle to a sole beneficiary effective on the owner's death by designating a beneficiary as provided by Section 501.0315, Transportation Code.
(b)  A beneficiary designation is:
(1)  subject to Section 115.003(b), revocable and may be changed at any time without the consent of the designated beneficiary as provided by Section 501.0315, Transportation Code;
(2)  a nontestamentary instrument; and
(3)  effective without:
(A)  notice or delivery to or acceptance by the designated beneficiary during the owner's life; or
(B)  consideration.
(c)  A will may not revoke or supersede a beneficiary designation, regardless of when the will is made.
(d)  A designated beneficiary may disclaim the designated beneficiary's interest in the motor vehicle as provided by Chapter 240, Property Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.003. Joint Ownership

Sec. 115.003.  JOINT OWNERSHIP.  (a)  If a motor vehicle that is the subject of a beneficiary designation is owned by joint owners with right of survivorship, the beneficiary designation must be made by all of the joint owners.
(b)  A beneficiary designation made by joint owners with right of survivorship:
(1)  may be revoked or changed as provided by Section 501.0315, Transportation Code, only if it is revoked or changed by all of the joint owners; and
(2)  may be revoked or changed by the last surviving joint owner as provided by Section 501.0315, Transportation Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.004. Effect of Beneficiary Designation During Owner's Life

Sec. 115.004.  EFFECT OF BENEFICIARY DESIGNATION DURING OWNER'S LIFE.  During a motor vehicle owner's life, a beneficiary designation does not:
(1)  affect an interest or right of the owner or owners making the designation, including  the right to transfer or encumber the motor vehicle that is the subject of the designation;
(2)  create a legal or equitable interest in favor of the designated beneficiary in the motor vehicle that is the subject of the designation, even if the beneficiary has actual or constructive notice of the designation;
(3)  affect an interest or right of a secured or unsecured creditor or future creditor of the owner or owners making the designation, even if the creditor has actual or constructive notice of the designation; or
(4)  affect an owner's or the designated beneficiary's eligibility for any form of public assistance, subject to applicable federal law.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.005. Effect of Beneficiary Designation at Owner's or Last Surviving Owner's Death

Sec. 115.005.  EFFECT OF BENEFICIARY DESIGNATION AT OWNER'S OR LAST SURVIVING OWNER'S DEATH.  (a)  On the death of the owner of a motor vehicle that is the subject of a beneficiary designation, the following rules apply to an interest in the motor vehicle:
(1)  if the designated beneficiary survives the owner making the designation by 120 hours, the interest in the motor vehicle is transferred to the designated beneficiary; and
(2)  if the designated beneficiary fails to survive the owner making the designation by 120 hours, the share of the designated beneficiary lapses, notwithstanding Section 111.052, and is subject to and passes in accordance with Subchapter D, Chapter 255, as if the beneficiary designation were a devise made in a will.
(b)  If an owner is a joint owner with right of survivorship who is survived by one or more other joint owners, the motor vehicle that is the subject of the beneficiary designation belongs to the surviving joint owner or owners.  If an owner is a joint owner with right of survivorship who is the last surviving joint owner, the beneficiary designation is effective.
(c)  A designated beneficiary takes the motor vehicle subject to all encumbrances, assignments, contracts, liens, and other interests to which the vehicle is subject at the owner's or last surviving owner's death, as applicable.  The transfer to the designated beneficiary does not affect the ability of a lienholder to pursue an existing means of debt collection permitted under the laws of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 115 - Beneficiary Designation for Motor Vehicles › Section 115.006. Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances

Sec. 115.006.  CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES.  Sections 114.104(b), (c), and (d) and Section 114.106 apply to a transfer of an owner's interest in a motor vehicle by a beneficiary designation in the same manner and to the same extent as a transfer of real property under a transfer on death deed under Chapter 114.
Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.