Tex. Est. Code § 114.101

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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.

Tex. Estates § 114.101

Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 841,Sec. 1, eff. 9/1/2015.