Property & estate
Texas Transfer on Death Deed (TODD)
A Texas Transfer on Death Deed (TODD) lets you name beneficiaries for Texas real property while you are alive. You keep full ownership and control. The property generally transfers at death without a probate proceeding for that real estate.
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Key facts
- What it covers
- Texas real property described in the deed — typically a homestead or other parcel you own.
- During your life
- You remain the owner. Beneficiaries have no current interest and you can usually sell, mortgage, or revoke.
- Recording
- Must be recorded in the county where the property sits, before your death. An unrecorded TODD generally fails.
- Probate
- Designed to transfer that parcel at death without probate of that real estate. Other assets may still need probate.
- Not a full plan
- Does not name an executor, create a trust, or transfer bank accounts.
How to prepare a Texas Transfer on Death Deed (TODD)
- 1
Confirm the property and how it is titled
You need a legal description (often from your deed or tax records) and the names of all current owners. How the property is titled can change the result.
- 2
Name primary and alternate beneficiaries
The questionnaire collects owner information, the legal description, and who should take the property if a primary beneficiary dies first.
- 3
Generate and review the Word deed
Download the attorney-reviewed Texas TODD template filled with your answers. Check the legal description before you sign.
- 4
Sign and notarize as required
A TODD is a deed. Execute it with the formalities Texas recording and acknowledgment rules require, including notarization.
- 5
Record it in the county
File the deed with the county clerk where the property is located while you are alive. Recording after death does not fix a TODD that was never recorded.
How a TODD works in Texas
You sign and record the deed now. It does not give beneficiaries any current ownership, and it does not move the property off your tax rolls or out of your name. When you die, the named beneficiaries typically record an affidavit and take title.
Because the transfer happens by recorded deed rather than through your will, a TODD is one of the most common probate-avoidance tools for a Texas homestead or other real estate. It can sit alongside a will: the will covers everything else, and the deed covers that parcel. Texas Estates Code Chapter 114 is the statute that authorizes these deeds.
Recording, revocation, and limits
A TODD must be recorded in the county where the property sits, and it must be on file before your death. If it is only signed and left in a drawer, it generally does not work. You can usually revoke a TODD later by recording a revocation or a new deed that says so.
A TODD is not a comprehensive estate plan. It does not name an executor, create a trust for minor children, or transfer bank accounts. Joint ownership, existing liens, and how the property is titled can all affect the result. If the property is not a straightforward Texas residence, talk with a Texas attorney before recording.
What the questionnaire collects
The guided form asks for owner information, a legal description of the property, and primary and alternate beneficiaries. When you finish, the site generates a Word document based on the Texas TODD template for you to review, sign, notarize as required, and record.
Recording is your responsibility. County clerks have their own filing rules and fees. This service prepares the document; it does not file it for you or confirm that your legal description is correct.
TODD vs. a will vs. a living trust
A will names an executor and directs your estate through probate. A TODD only moves the real estate it describes, and only if it is recorded in time. A funded revocable living trust can hold many asset types and help during incapacity, but it has to be funded — a trust sitting empty does not avoid probate.
Many Texas households use all three ideas in a simpler combination: a will, a TODD for the house, and beneficiary designations on accounts. That is often enough when the estate is straightforward and Texas independent administration is available.
Frequently asked questions
- Does a Transfer on Death Deed avoid probate in Texas?
- For the real property it covers, a properly signed and recorded TODD is designed to transfer title at death without probate of that parcel. Other assets may still need probate or a different transfer method.
- Can I sell or refinance my home after signing a TODD?
- Generally yes. You remain the owner. Beneficiaries do not acquire an interest until death, so you can typically sell, mortgage, or revoke the deed while you are alive.
- Do I still need a will if I have a TODD?
- Usually yes. A TODD only addresses the real estate described in the deed. A will still names an executor and directs the rest of your estate.
- When must a Texas TODD be recorded?
- It must be recorded in the county property records before the owner’s death. Recording after death does not complete a TODD that was never filed.
- Where do I record a Texas Transfer on Death Deed?
- Record it with the county clerk in the county where the real property is located. If you own property in more than one county, each parcel is recorded where it sits.
- Does a TODD replace a living trust?
- Only for the real estate it describes. A TODD does not manage bank accounts, investments, or incapacity. A trust is broader if it is properly funded.
Related Texas documents
- Texas Last Will and Testament
Create a Texas Last Will and Testament online. Learn the 2-witness signing rules, self-proving affidavits, and what a will does — then generate an attorney-reviewed Word document.
- Texas Will vs. Living Trust
Compare a Texas last will and a living trust: probate, privacy, incapacity, cost, and when a Transfer on Death Deed may be enough for a home.
- Texas Durable Power of Attorney
Create a Texas durable power of attorney online so someone you trust can manage property and finances if you cannot. Learn hot powers, then generate the form.
Ready to prepare this document?
Answer guided questions and generate a Word file from an attorney-reviewed Texas Will & Trust template. Review it before you sign.
Texas Will & Trust provides document preparation software and is not a law firm. Nothing on this page is legal advice. Texas execution requirements (witnesses, notarization, and recording) still apply after you generate a file.