What a TODD does
A Transfer on Death Deed (TODD) lets a Texas property owner name who will receive their real estate when they die. It is authorized by Chapter 114 of the Texas Estates Code. When the owner passes away, the property goes to the named beneficiaries without a probate court case for that property.
While the owner is alive, nothing changes. The owner keeps full ownership and can live in, sell, mortgage, or lease the property. The beneficiaries have no rights to it until the owner's death.
Requirements
- Signed by the property owner, who must have the same mental capacity needed to make a will.
- Acknowledged (notarized).
- Includes the legal description of the property and names the beneficiaries.
- Recorded with the county clerk in the county where the property is located before the owner dies. In Houston, that is usually the Harris County Clerk.
The beneficiaries do not need to be told, sign, or pay anything for the deed to be valid.
Changing your mind
A TODD can be revoked or replaced at any time by recording a new TODD or a revocation. A will cannot override it. Changing a TODD requires another recorded document.
Things to think about
- Name backups. Consider what should happen if a beneficiary dies before you.
- Co-owners and spouses. Community property and jointly owned property can affect what a TODD can transfer.
- Debts and liens. The property still carries any mortgage or lien, and in some cases it may be subject to claims against the estate.
- After death. Beneficiaries usually record a death certificate and an affidavit so the county records show the transfer.
A TODD is one of the most effective, low-cost ways to prevent heirs' property. Our workshops walk families through the form step by step. Ask about the next one.
This guide is general information about Texas law, not legal advice, and reading it does not create an attorney–client relationship. Laws change and every family's situation is different — talk with a licensed Texas attorney before acting.