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.

Added 84th Leg., R.S., Ch. 841 (S.B. 462)

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.

—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]].

Approved by ULC in 2009 (Uniform Act)

Uniform Act Comment

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

The comment to Section 3 is available on the Uniform Law Commission website.