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Home→Tools→TOD Deed Assessment→Texas

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 May 27, 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 notarization (standard acknowledgment). The signed deed must be recorded at the county clerk before death to be effective.Tex. Estates Code 114.001 to 114.106Verified May 27, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Texas include: Recording a subsequent TOD deed that expressly or by inconsistency revokes the prior deed, Recording an instrument of revocation acknowledged after the deed being revoked, Inter vivos conveyance of the property (Tex. Estates Code 114.102), 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).Tex. Estates Code 114.001 to 114.106Verified May 27, 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 May 27, 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 May 27, 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.

TOD Deeds in Texas

A transfer on death deed in Texas (YesTex. Estates Code 114.001 to 114.106Verified May 27, 2026) lets property owners name 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 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026 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.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • Tex. Est. Code § 205.001/205.006
  • Tex. Est. Code §§ 205.001/205.006
  • Tex. Estates Code 114.001 to 114.106

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

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