Tex. Est. Code Section 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.

Source: Section 114.101 — Effect of Transfer on Death Deed During Transferor's Life, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­114.­htm#114.­101 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 114.101’s source at texas​.gov