Section 114.056 of the Estates Code

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Notice, Delivery, Acceptance, or Consideration Not Required.
A transfer on death deed is effective without:
(1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
(2) consideration.
Added 84th Leg., R.S., Ch. 841 (S.B. 462)

Editor Comments

This section of the Texas Real Property Transfer on Death Act fully adopts the substance of Section 10 of the Uniform Real Property Transfer on Death Act.

To be effective, an inter vivos deed concerning real property located in Texas must satisfy various statutory and common law requirements. Cf. Thornton v. Rains, 299 S.W.2d 287, 288 (Tex. 1957) ("[W]ithout delivery title will not pass."); Deeds in Texas at 1 ("For instance, the parties should be named, the intent to convey property must be clear from the wording, the property must be sufficiently described, and the deed must be signed by the grantor and delivered.").

This section exempts a transfer on death deed from some of those requirements. Cf. Davis v. Zeanon, 111 S.W.2d 772, 773 (Tex.Civ.App.—Waco 1937, ref'd) ("When an instrument conforms to the requirements of our statutes and purports to be an executed conveyance of land, the delivery of such instrument has effect, as between the parties, to vest title in the grantee in all respects the same when there is no consideration for the conveyance as when there is one.").

However, nothing in the TRPTODA requires that a person entitled to receive real property under a transfer on death deed accept it. Cf. Taylor v. Sanford, 193 S.W. 661, 662 (Tex. 1917) ("[R]equired her acceptance of it, since no person can be made a grantee of property against his will. . . . As a rule of reason and common sense, a delivered instrument plainly amounting to a deed of gift should operate by a presumed assent until a dissent or disclaimer appears.").

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 10. Notice, Delivery, Acceptance, Consideration Not Required.
A transfer on death deed is effective without:
(1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
(2) consideration.
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 10 states in part:

Paragraph (2) is consistent with the law of donative transfers. A deed need not be supported by consideration.

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