Affidavit of Death- Guided Form
When to use this form
When the property owner who created the transfer on death deed dies, this form is used by a named beneficiary to get legal ownership of the property.
Title to the property does not pass to the beneficiary(ies) until the affidavit of death is filed. Without legal title, you cannot sell the property, or get property tax exemptions, or use the property as collateral on a loan.
Primary Beneficiary Takes Before Alternate Beneficiary. If any primary beneficiary is alive for more than120 hours after the property owner who created the Transfer on Death Deed dies (now called the “Decedent”), no alternate beneficiary will get the property. An alternate beneficiary can only get the property if all primary beneficiaries have died before the decedent’s death or within 120 hours after the decedent’s death.
Proof of Death: After the Affidavit of Death is filed, you will need to provide acceptable proof that the Decedent has died, such as a death certificate or an obituary, to the title company before the property can be sold, used as collateral for a loan, or otherwise encumbered.
Transfer on Death Toolkit and Forms: Use this toolkit to create a Transfer on Death Deed. A new Texas state law allows real property owners to record a “Transfer on Death Deed” naming a to own that real property after they die. With a properly recorded Transfer on Death Deed, no is needed to transfer the real property.
If you would like to see if you qualify for free help you can call the Transfer on Death Deed Project at 512-637-6752