Texas Transfer on Death Deed: How to Avoid Probate for Real Property

A Texas Transfer on Death Deed — often called a TODD — lets you name a beneficiary for your real property today without giving up any ownership rights during your lifetime. When you die, the property passes directly to that person without going through probate. It is one of the simplest and most affordable estate planning tools available to Texas homeowners.

Texas enacted the TODD in 2015 under Texas Estates Code Chapter 114 (§§ 114.001–114.151). If you have real property in Texas and want a straightforward way to keep it out of probate, a TODD is worth understanding.

What a Texas Transfer on Death Deed Does

A TODD is a deed you sign and record now, but it does not transfer ownership until you die. During your lifetime:

You keep full ownership of the property
You can sell it, mortgage it, or rent it without the beneficiary's consent
The beneficiary has no current legal interest in the property
You can revoke the deed at any time

At death, the beneficiary records a certified copy of your death certificate and an affidavit claiming the property. No probate petition is needed for that asset. The transfer happens outside the court process.

Who Should Consider a TODD

A TODD is particularly useful if:

Your home is the main asset you want to keep out of probate
You want to leave property to one person (or a few people) simply
You do not need or want the complexity and cost of a revocable living trust
You want to preserve your homestead exemption (a TODD does not affect it)

A TODD only covers real property — land, a house, a condo. It cannot be used for bank accounts, vehicles, or personal property. For those assets, use beneficiary designations or payable-on-death designations directly through the financial institution.

Requirements for a Valid Texas TODD

Texas Estates Code § 114.055 sets out the formal requirements. To be valid, a TODD must:

Be in writing and clearly state that the transfer is effective at the owner's death
Contain the legal description of the property (from your current deed, not just the street address)
Identify the beneficiary by name
Be signed by the owner (the transferor)
Be signed in front of two witnesses and acknowledged before a notary public
Be recorded in the deed records of the county where the property is located before the owner's death

The two-witness requirement is unique to the TODD — standard deeds in Texas do not require witnesses. Both witnesses must sign in the owner's presence.

Recording Is Essential

An unrecorded TODD is legally worthless. If you create a TODD but do not record it before you die, the property will go through your estate and require probate. There is no exception. Record the deed promptly after signing.

Recording fees vary by county but typically run $25–$40. Contact your county clerk's office or check their website for current fees and whether electronic recording is available.

Step-by-Step: Creating a Texas TODD

Step 1: Get the Legal Description

Pull out the deed to your property or visit your county appraisal district website. You need the exact legal description — something like "Lot 14, Block 3, Sunset Hills Addition, Travis County, Texas" — not just your address.

Step 2: Choose Your Beneficiary

You can name one person, multiple people, or a trust as beneficiary. Think through what happens if your beneficiary dies before you. Under Texas Estates Code § 114.057, if a beneficiary predeceases you and you named no alternate, the TODD lapses for that beneficiary's share, and that share passes through your estate. Naming an alternate (contingent) beneficiary is strongly recommended.

Step 3: Prepare the Deed

Texas Estates Code § 114.151 provides a statutory form you can use as a starting point. Many Texas counties and legal aid organizations offer fill-in-the-blank TODD forms. The deed must include:

Your full legal name and address (the transferor)
The beneficiary's full legal name
A statement that the transfer is effective "on the transferor's death"
The complete legal description of the property
Signature lines for you, two witnesses, and a notary

Step 4: Sign Before Two Witnesses and a Notary

Gather two witnesses who are not named beneficiaries in the deed. Sign the TODD in front of all of them. The notary then acknowledges your signature. Witnesses sign separately but at the same signing event.

Step 5: Record with the County Clerk

Take the original signed and notarized deed to the county clerk's office in the county where the property is located. Pay the recording fee. The clerk will stamp it with a recording reference and return the original to you. Keep it with your important papers.

After the Owner Dies: How the Beneficiary Claims the Property

When the owner dies, the beneficiary does not need to go to court. To claim the property, they should:

Obtain a certified copy of the owner's death certificate
Record the death certificate in the same county deed records where the TODD was recorded
Prepare and record an affidavit confirming they are the named beneficiary and that the owner has died
The property is then in the beneficiary's name

This process usually takes a few weeks. See our Texas death certificates guide for how to obtain certified copies.

How to Revoke a Texas TODD

You can revoke a TODD at any time before death. Texas Estates Code § 114.057 allows revocation by:

Recording a revocation instrument in the same county deed records before your death
Recording a new TODD for the same property — the later deed controls
Transferring the property during your lifetime (a sale or gift of the property defeats the TODD because you no longer own it)

Important: You cannot revoke a TODD by will. A will provision saying "I revoke my TODD" has no legal effect. You must record a separate revocation document.

If you divorce after recording a TODD in favor of your spouse, Texas Estates Code § 114.058 automatically revokes the designation as to your former spouse — but only if your divorce decree is recorded. Do not rely on this without verifying with an attorney.

Does a TODD Affect Homestead Exemptions?

No. Recording a TODD does not affect your homestead exemption for property tax purposes, your creditor protections under the Texas Constitution and Texas Property Code Chapter 41, or the surviving spouse's right to occupy the homestead. The TODD has no effect on your rights or your property taxes while you are alive.

TODD vs. Other Texas Probate-Avoidance Tools

Texas offers several ways to transfer real property outside of probate. Here is how they compare:

Tool	Cost	Complexity	Best For
Transfer on Death Deed	$50–$150	Low	Single property, simple plan
Community Property with Right of Survivorship	$150–$300	Low	Married couples transferring to each other
Revocable Living Trust	$1,500–$3,500+	High	Multiple assets, complex plans
Beneficiary Designation	Free	Very low	Bank accounts, retirement accounts, life insurance

A TODD is the lowest-cost option for a single piece of real property. If you have multiple properties or a more complicated estate, a revocable living trust may offer more flexibility.

For married couples who want their community property to pass directly to each other, community property with right of survivorship (Texas Estates Code § 112.051) is another simple option. See our guide on how to avoid probate in Texas for the full picture.

What a TODD Does Not Cover

A TODD only applies to the specific property named in the deed. It does not:

Cover bank accounts or investment accounts (use payable-on-death designations)
Cover vehicles (use Texas DMV beneficiary designation forms)
Protect the property from your creditors during your lifetime
Prevent estate creditors from making claims against the property after death (though homestead protections still apply)
Replace a will — you should still have a valid Texas will to cover everything else

Common Mistakes to Avoid

Not recording the deed. This is the single most common error. The TODD must be recorded before death to be effective.

Using the street address instead of the legal description. The deed must include the exact legal description from your county deed records.

Not naming an alternate beneficiary. If your primary beneficiary dies before you, the property may end up in probate anyway.

Forgetting to revoke after life changes. Marriage, divorce, and the birth of children can all affect who you want to receive your property. Review your TODD after major life events.

Creating a TODD without understanding community property. If the property is community property, only your half is subject to the TODD. Your spouse's half passes separately. Consider whether a community property with right of survivorship agreement makes more sense.

Frequently Asked Questions

Can I use a TODD for a rental property or vacation home?

Yes. A TODD can be used for any real property in Texas, including investment property. Keep in mind that the beneficiary will inherit the property subject to any existing leases and mortgages.

Does a TODD trigger gift taxes?

No. Because the beneficiary receives no ownership interest until you die, recording a TODD is not a taxable gift. The IRS does not treat it as a completed transfer.

What if I have a mortgage on the property?

The beneficiary inherits the property subject to the existing mortgage. Under federal law (the Garn-St. Germain Act), the lender generally cannot call the loan due solely because of a death transfer. The beneficiary must continue making payments, refinance, or sell.

Can a TODD be challenged?

Yes, on the same grounds as a will contest — fraud, undue influence, lack of capacity, or improper execution. However, because the TODD is signed, witnessed, and notarized during the owner's lifetime, challenges are less common than will contests.

Related Guides

Sources:

"Texas Estates Code Chapter 114, Real Property Transfer on Death," Texas Legislature, 2025, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.114.htm
"Transfer on Death Deeds," Texas State Law Library, 2025, https://guides.sll.texas.gov/estate-planning/transfer-on-death-deeds

This guide provides general information about Texas Transfer on Death Deeds. Consult with a Texas estate planning attorney for advice specific to your situation.