Texas Transfer on Death Deed

County Specific Legal Forms Validated as recently as April 7, 2026 by our Forms Development Team

Texas Transfer on Death Deed
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County Forms

About the Texas Transfer on Death Deed

Texas Transfer on Death Deed
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How to Use This Form

  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

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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

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

What Others Like You Are Saying

— Joe S.

"My first experience with deeds.com was excellent. My task was handled promptly and efficiently. Coun…"

— Sawnie A.

"the deeds and related materials themselves are excellent but the PDF application is awful plus there…"

— Charlotte F.

"Great follow up and consideration"

— Mark S.

"Very easy site to navigate. The quit claim deed I downloaded was perfect for my needs. Would like to…"

— Alicia S.

"It's been a difficult time during my divorce. Glad I was able to get the house related documents eas…"

Common Uses for Transfer on Death Deed

  • Provide for a loved one without giving up current ownership
  • Transfer property automatically at death without probate
  • Designate multiple beneficiaries for a property
  • Update beneficiary designations after a life change
  • Change a previously named property beneficiary

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.