Cancellation of Transfer on Death Deed - Guided Form
When to Use the form to Cancel the Transfer on Death Deed
If you change your mind and decide you do not want the primary or alternate beneficiaries listed in your transfer on death deed to own the property upon your death, use this form to cancel the Transfer on Death Deed. See the General Instructions to the Transfer on Death Deed Kit for information on canceling a transfer on death deed by filing a new transfer on death deed or after a divorce.
Tearing up or destroying your copy or the beneficiary’s copy of the transfer on death deed will not cancel the deed.
The Cancellation Applies ONLY to the Portion of the Property You Own.
For example: Joe and Sue own property together. They both sign and file a transfer on death deed naming Ann as the beneficiary. Sue changes her mind and files a cancellation of transfer on death deed but Joe doesn’t. When Joe dies, Ann will get his share of the property but not Sue’s share.
If more than one owner wants to cancel the transfer on death deed, it is best if each owner completes a separate Cancellation of Transfer on Death Deed
Cancellation of a transfer on death deed is sometimes called a “revocation” of a transfer on death deed.
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.
Affidavit of Death Form: When the property owner who created a 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. Go here for the guided Affidavit of Death Form and instructions.
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