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The Transfer on Death Deed must: Be in writing, signed by the owner, and notarized, Have a legal description of the property (The description is found on the deed to the property or in the deed records. ... Have the name and address of one or more beneficiaries, State that the transfer will happen at the owner's death,
Avoid Probate: Lady bird deeds streamline the property transfer process. Upon your death, the property will be transferred to your beneficiary automatically, avoiding the probate process.
You must sign the deed and get your signature notarized, and then record (file) the deed with the county clerk's office before your death. Otherwise, it won't be valid. You can make a Texas transfer on death deed with WillMaker.
Transfer on death deeds cannot be signed by anyone other than the property owner. But as long as the Lady Bird deed form is signed in the presence of a licensed notary, Lady Bird deeds can be signed by the owner or the owner's agent under power of attorney.
Disadvantages of a Lady Bird deed If you plan to apply for a mortgage on the property, some title insurance companies may be reluctant to provide title insurance on property subject to a Lady Bird deed. You want to leave the property to more than one grantee. There is a fairly large mortgage balance on the property.