Fill and Sign the Texas Deed Estate Form

© 2016 - U.S. Legal Forms, Inc.       TEXAS EXECUTOR’S DEED [Estate to Two Individual Beneficiaries] Control Number: TX-089-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Texas, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. EXECUTOR’S DEED GRANTOR:       , MAILING ADDRESS (including county):                   as Executor of the Estate of       , deceased. GRANTEES:       , MAILING ADDRESS (including county):                         , MAILING ADDRESS (including county):                   Grantor, as Executor of the Estate of       , late of the County of       , and State of Texas , pursuant to the authority provided to Grantor by the Will of the decedent, the Texas Probate Code and the District Court of       County, Texas, hereby Grant and Convey unto Grantees, as tenants in common , all that certain property being situated in       County, Texas, and being more particularly described as follows:       Executor’s Deed Page 1 of 2 SUBJECT TO:       . AND THE said Grantor does covenant with said Grantees that Grantor is the duly qualified and acting Executors of the Estate of       and has the power to convey the above property and that Grantor has not made, done or suffered any act, matter or thing whatsoever, since being appointed Executor, whereby the above granted interests, or any part thereof, now or at any time hereafter, shall or may be impaired, charged or encumbered in any manner whatsoever. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of       County, Texas. IN WITNESS WHEREOF, the Grantor has executed this Executor’s Deed on the date set forth below. Date:       As Executor of the Estate of       (Signature)       Print Name STATE OF TEXAS, COUNTY OF       This instrument was acknowledged before me on ____________ , 20 ______ , by ______________________________ . Notary Public, State of Texas My Commission Expires: __________________       Notary's Printed / Typed Name After recording, return to (name, address, phone)                         Prepared by (name, address and phone)                         Executor’s Deed Page 2 of 2 Executor’s Deed Page 3 of 2 EXHIBIT A       Executor’s Deed Exhibit A