Sec. 114.057. REVOCATION BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION. (a) Subject to Subsections (d) and (e), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if the instrument:
(1) is one of the following:
(A) a subsequent transfer on death deed that revokes the preceding transfer on death deed or part of the deed expressly or by inconsistency; or
(B) except as provided by Subsection (b), an instrument of revocation that expressly revokes the transfer on death deed or part of the deed;
(2) is acknowledged by the transferor after the acknowledgment of the deed being revoked; and
(3) is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed being revoked is recorded.
(b) A will may not revoke or supersede a transfer on death deed.
(c) If a marriage between the transferor and a designated beneficiary is dissolved after a transfer on death deed is recorded, a final judgment of the court dissolving the marriage operates to revoke the transfer on death deed as to that designated beneficiary if notice of the judgment is recorded before the transferor's death in the deed records in the county clerk's office of the county where the deed is recorded, notwithstanding Section 111.052.
(d) If a transfer on death deed is made by more than one transferor, revocation by a transferor does not affect the deed as to the interest of another transferor who does not make that revocation.
(e) A transfer on death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners.
(f) This section does not limit the effect of an inter vivos transfer of the real property.
Added by Acts 2015, 84th Leg., R.S., Ch. 841 (S.B. 462), Sec. 1, eff. September 1, 2015.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 114 - Transfer on Death Deed
Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed
Section 114.051. Transfer on Death Deed Authorized
Section 114.052. Transfer on Death Deed Revocable
Section 114.053. Transfer on Death Deed Nontestamentary
Section 114.054. Capacity of Transferor; Use of Power of Attorney
Section 114.056. Notice, Delivery, Acceptance, or Consideration Not Required
Section 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution