Do I Need a Transfer on Death Deed in Texas?

A transfer on death deed in Texas requires notary acknowledgmentTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source. The signed deed must be recorded at the county clerk before death to take effectTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source. 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).

Yes. A transfer on death deed is revocable at any time during the owner's life, and Texas revokes one by: 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 114.057Verified Oct 17, 2026View source. A will cannot revoke it.

Texas allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial propertiesTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source.

Yes. Texas allows multiple beneficiaries on a transfer on death deedTex. Estates Code 114.001 to 114.106Verified Oct 17, 2026View source; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.