Section 114.002 of the Estates Code

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Definitions.
(a) In this chapter:
(1) "Beneficiary" means a person who receives real property under a transfer on death deed.
(2) "Designated beneficiary" means a person designated to receive real property in a transfer on death deed.
(3) "Joint owner with right of survivorship" or "joint owner" means an individual who owns real property concurrently with one or more other individuals with a right of survivorship. The term does not include a tenant in common or an owner of community property with or without a right of survivorship.
(4) "Person" has the meaning assigned by Section 311.005, Government Code.
(5) "Real property" means an interest in real property located in this state.
(6) "Transfer on death deed" means a deed authorized under this chapter and does not refer to any other deed that transfers an interest in real property on the death of an individual.
(7) "Transferor" means an individual who makes a transfer on death deed.
(b)  Repealed
Added 84th Leg., R.S., Ch. 841 (S.B. 462);  Amended 86th Leg., R.S., Ch. 337 (S.B. 874);  Amended 86th Leg., R.S., Ch. 1141 (H.B. 2782)

Editor Comments

This section of the Texas Real Property Transfer on Death Act adopts the substance of Section 2 of the Uniform Real Property Transfer on Death Act with one exception.

Unlike the Uniform Act, the TRPTODA definition of "joint owner with right of survivorship" and "joint owner" excludes an owner of community property with a right of survivorship. The terms are used in Section 114.057 and Section 114.103. Cf. Transfer on Death Deeds in Texas: High Time for the TODD at 64 ("These provisions will not come into play frequently since [joint tenancy with right of survivorship] is relatively uncommon in Texas.").

A nonsubstantive change is made to the definition of "transfer on death deed." To clarify that the TRPTODA does not invalidate or otherwise govern Lady Bird Deeds, the following language was added to the end of the definition: "and does not refer to any other deed that transfers an interest in real property on the death of an individual."

Another nonsubstantive change made in the original enactment was the inclusion of Subsection (b). However, that subsection was repealed effective September 1, 2019. It had provided that "[i]n this chapter, the terms 'cancel' and 'revoke' are synonymous."

Section 114.151 (also repealed) had provided a TODD form that used the term "cancelled" instead of "revoked." And Section 114.152 (also repealed) had provided a revocation form that, among other things, used the term "cancellation" instead of "revocation."

Steve Smith

Court Decisions

No appellate court decision has interpreted any section of the TRPTODA.

Legal Commentaries

No published legal commentary addresses this section of the TRPTODA.

Uniform Act Text

Section 2. Definitions.
In this [act]:
(1) "Beneficiary" means a person that receives property under a transfer on death deed.
(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.
(3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant[,][ and] [owner of community property with a right of survivorship[,][ and tenant by the entirety]. The term does not include a tenant in common [or owner of community property without a right of survivorship].
(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner.
(6) "Transfer on death deed" means a deed authorized under this [act].
(7) "Transferor" means an individual who makes a transfer on death deed.
Approved by ULC in 2009 (Uniform Act)

Uniform Act Comment

The official comments to the Uniform Act provide authoritative commentary regarding the drafters' intent.

For example, the comment to Section 2 states in part:

Section 13 provides that, on the transferor's death, the property that is the subject of a transfer on death deed is transferred to the designated beneficiaries who survive the transferor. If X and Y are the designated beneficiaries but only Y survives the transferor, then Y is a beneficiary and X is not.

The full comment is available on the Uniform Law Commission website.