Texas Estates Code 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.
Terms Used In Texas Estates Code 114.057
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(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 § 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.