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Texas Estate Planning Guide
Transfer on Death Deed in Texas: Pass Your Home Without Probate
A Transfer on Death Deed lets your house pass directly to the people you choose — skipping probate entirely — while you keep full control during your life. Here's how it works in Texas.
By Rick Villarreal, Attorney · Licensed in Texas since 1996
A Transfer on Death Deed (TODD) names who receives a piece of Texas real estate when you die. The property transfers automatically at death, outside of probate, straight to your named beneficiaries. Until then, nothing changes: you own it, control it, can sell it, or revoke the deed anytime. It's one of the simplest tools for keeping a home out of probate.
1
You name your beneficiaries
You choose who receives the property at your death — one person or several, with the shares you decide.
2
You keep full control while living
The deed has no effect until you pass away. You can sell the property, refinance, or revoke the deed whenever you want.
3
It must be signed before a notary
Texas requires a TODD to be notarized. Unlike a will, it needs no witnesses.
4
It must be recorded before death
This is the critical step: the deed must be filed with the county clerk while you're alive. A TODD that isn't recorded before death is void.
The mistake that voids a Transfer on Death Deed
A TODD only works if it's recorded with the county before you die. A signed but unfiled deed found in a drawer afterward has no legal effect — the property falls back into probate. This single step is the most common way TODDs fail, and it's easy to get right with help.
Why people use a Transfer on Death Deed
For many Texans, the family home is their largest asset — and probating it is a big part of what makes settling an estate slow and costly. A TODD lets that home pass directly to your children or other beneficiaries, avoiding probate on that property entirely, without giving up any control during your life.
A TODD is not a substitute for a will
A Transfer on Death Deed covers one piece of real estate. It doesn't handle your other property, name an executor, or appoint a guardian for your children. It works best alongside a will, not instead of one.
Wondering if a TODD fits your situation?
A quick call is all it takes to get started. No obligation, always at no charge.
Getting it done
A Transfer on Death Deed is a flat-fee document here, and one deed can cover a married couple's shared property. Additional deeds are discounted. Most orders completed within one business day.
This article is general information about Texas law, not legal advice, and does not create an attorney-client relationship. Every situation is different — for advice about your own will, speak with a licensed Texas attorney.
Keep your home out of probate
A flat-fee Transfer on Death Deed passes your Texas property directly to the people you choose, while you keep full control for life. Most orders completed within one business day.
(713) 588-5914Rick Villarreal, Attorney — Texas Estate Planning
(713) 588-5914 • [email protected] • MyTexasWills.com
State Bar of Texas since 1996 • Consultations are always at no charge.
State Bar of Texas since 1996 • Consultations are always at no charge.