Do I Need a Transfer on Death Deed in Texas?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. Texas allows transfer on death deeds.Tex. Estates Code 114.001 to 114.106Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death deed in Texas requires notary acknowledgment. The signed deed must be recorded at the county clerk before death to be effective. 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).Tex. Estates Code 114.001 to 114.106Verified Aug 24, 2026
Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Texas include: Recording, before the transferor's death, a subsequent TOD deed that expressly or by inconsistency revokes the prior deed (Tex. Estates Code 114.057(a)(1)(A)), Recording, before the transferor's death, an instrument of revocation acknowledged by the transferor after the acknowledgment of the deed being revoked (Tex. Estates Code 114.057(a)(1)(B), (a)(2)-(3)), Inter vivos conveyance of the property: the TOD deed is void as to a subsequently conveyed interest if the conveying instrument (or a memorandum of it) is recorded in the same county before the transferor's death (Tex. Estates Code 114.102, as amended by H.B. 2782 (2019); see also 114.057(f)), Marriage dissolution: final judgment dissolving marriage between transferor and designated beneficiary revokes deed as to that beneficiary, if notice of judgment is recorded before death (Tex. Estates Code 114.057(c)).Tex. Estates Code 114.001 to 114.106Verified Aug 24, 2026
Texas allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.Tex. Estates Code 114.001 to 114.106Verified Aug 24, 2026
Yes. Texas allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.Tex. Estates Code 114.001 to 114.106Verified Aug 24, 2026
A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Texas probate calculator to estimate the cost of probating remaining assets.
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