Free Texas Transfer on Death Deed

In Texas, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

Texas is a community property state. Marital status determines whether spouse consent may be required.

SingleMarriedDivorcedWidowed

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Texas prescribes no form. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death (Tex. Estates Code 114.055(2)).

A Texas transfer on death deed is recorded with the County Clerk for the county where the property sits and must be on record before the owner's death to take effect. The deed must be recorded before the transferor's death in the deed records in the county clerk's office of the county where the property is located. A deed not recorded before death is not effective. Tex. Estates Code 114.055(3).

Co-owners may sign one deed together. Texas offers a spouse's joinder signature because the effect of one spouse signing alone is unsettled; the document carries the signature line and a notice of the point.

Texas passes the share of a beneficiary who dies before the owner to that beneficiary's descendants under its antilapse rule. The deed can name a successor beneficiary to take in that case. A designated beneficiary must survive the owner by 120 hours; otherwise, except as provided in this deed, that beneficiary's share lapses and passes as if this deed were a devise made in a will.

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. Real property transferred by a TOD deed is not considered property of the probate estate for any purpose, including for purposes of Medicaid estate recovery under Tex. Gov't Code 546.0403 (Tex. Estates Code 114.106(b)). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

Texas Transfer on Death Deed

Texas authorizes transfer on death deeds: a property owner names a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in Texas passes through probate — a process that takes at least 4 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $75,000 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Data sourced from Texas statutes and official state code. How we research.

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Free Texas Transfer on Death Deed

In Texas, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

Progress0%

Texas Transfer on Death Deed

Free Texas Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in Texas

Healthcare Power of Attorney

Financial Power of Attorney

Vehicle Transfer on Death

Living Will

Last Will and Testament

Tools for Planning Your Estate in Texas

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

Texas Estate Planning Resources

Free Texas Transfer on Death Deed

Owner Information