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{{DISPLAYTITLE:Section 114.003 of the Estates Code}}:'''Applicability.'''

:'''This chapter applies to a transfer on death deed executed and acknowledged on or after September 1, 2015, by a transferor who dies on or after September 1, 2015.'''

:<div id="eshistory">Added 84th Leg., R.S., Ch. 841 (S.B. [[Media:SB 462.pdf|462]])</div>

==Editor Comments==

The enactment date of the Texas Real Property Transfer on Death Act is June 17, 2015. The Governor signed Senate Bill 462 into law on that date.

The effective date of the TRPTODA is September 1, 2015. Senate Bill 462 provides in part: "SECTION 4. This Act takes effect September 1, 2015."

This section of the TRPTODA, a so-called transition provision, differs from Section 3 of the Uniform Real Property Transfer on Death Act in one regard.

The TRPTODA does not apply to a transfer on death deed ("deed authorized under this chapter") that was executed before the act's effective date.

The modification is meant to clarify that the TRPTODA does not invalidate or otherwise govern Lady Bird Deeds. However, it is not narrowly tailored.

For example, it affects transfer on death deeds executed between the act's enactment date and its effective date. In any event, the effect is limited.

—[[Attorney Directory:Steve Smith-Pflugerville|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 3. Applicability.

:This [act] applies to a transfer on death deed made before, on, or after [the effective date of this [act]] by a transferor dying on or after [the effective date of this [act]].

:<div id="esuniform">Approved by ULC in 2009 ([https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=d61e6b8f-7e1b-65d1-8e97-6247f35b0150&forceDialog=0 Uniform Act])</div>

==Uniform Act Comment==

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

The [https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=d61e6b8f-7e1b-65d1-8e97-6247f35b0150&forceDialog=0#page=8 comment] to Section 3 is available on the Uniform Law Commission website.

__NOTOC__

[[Category:TRPTODA]]
[[Category:Estates Code]]
[[Category:Probate Law]]
[[Category:By Steve Smith]]
[[Category:EsC Chap114]]
[[Category:WikiSEO Extension]]{{#seo:|author=Steven W. Smith|section=Law|published_time=01-01-2015|title=Section 114.003, Estates Code|keywords=transfer on death deed, Texas TODD, edited by attorney Steve Smith|description=The Texas Real Property Transfer on Death Act, codified as Chapter 114 of the Estates Code, authorizes a new method of transferring real property. On TLG, each section of the act has its own page.}}

Estates Code:Section 114.003 - Revision history

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