A Texas transfer on death deed (TODD) allows property owners to designate a beneficiary who will receive real estate upon the owner's death, outside the probate process. The owner retains full control during their lifetime: they can sell, mortgage, rent, or use the property however they wish, with no obligation to notify the beneficiary (Tex. Est. Code § 114.101).
IMPORTANT: Transfer on death deeds and associated revocations must be recorded while the owner is alive or they have no effect.

Revocability
The deed is completely revocable. Because no consideration changes hands and beneficiaries need not be notified, the owner can change their mind at any time by recording a new TODD, executing a revocation, or conveying the property to someone else (§ 114.052, § 114.057).

Execution Requirements (§ 114.055)
To be valid, a Texas transfer on death deed must meet all state and local standards for recordable deeds, state that the transfer takes effect at the owner's death, and be recorded in the county clerk's office where the property is located during the owner's lifetime.

How Title Passes
The deed conveys title without warranties, subject to any existing encumbrances at the time of death (§ 114.104(a)). Multiple beneficiaries receive equal, undivided shares with no right of survivorship unless otherwise specified (§ 114.103(a)(3)). Beneficiaries may disclaim all or part of their interest if desired (§ 114.105).

Coordination with Estate Plans
Under § 114.057(b), the recorded TODD takes precedence over conflicting provisions in the owner's will. For a cohesive estate plan, all documents should work together to carry out the owner's intent.
Texas adopted transfer on death deeds under the Texas Real Property Transfer on Death Act (Chapter 114, Texas Estates Code), modeled after the Uniform Real Property Transfer on Death Act. The effect of a TODD on a comprehensive estate plan and eligibility for needs-based benefits varies by situation. For complex circumstances or additional questions, consult a local attorney.
(Texas Transfer on Death Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Transfer on Death Deed

Name a trust as the beneficiary of your real property
Designate a spouse as the beneficiary of your property
Retain full control of your property during your lifetime
Ensure your property passes directly to heirs at death
Change a previously named property beneficiary

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our transfer on death deed forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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