Texas Transfer on Death Deed

Transfer on Death Deed in Texas

Real estate owners can now transfer title to their real estate without having to go through probate. The Texas legislature enacted a new statute (effective September 1, 2015) that creates a new mechanism to transfer real estate upon death. This mechanism is called the "Transfer on Death Deed", but lawyers will often refer it as a TOD Deed.

The Transfer on Death Deed is useful for a number of reasons. A TOD Deed works like a beneficiary designation on an insurance policy or bank account…the grantor names a beneficiary or beneficiaries to inherit his or her real estate when he or she dies. Since the TOD Deed conveys real estate to previously chosen beneficiaries without having to invoke the probate court, it saves costly fees and valuable time. A Transfer on Death Deed is especially practical when the only probate asset is the real property (i.e. the grantor’s home). And because the Transfer on Death Deed allows the beneficiaries to bypass the probate court, is a very simple and convenient way to transfer ownership of real estate upon death. The beneficiary simply files the affidavit of death in the county clerk’s office where the property is located to become the legal owner of it.

TOD Deed FAQs

Does a TOD Deed replace the need for a Will?

What are the TOD Deed Requirements?

Can a TOD Deed be Revoked or Modified?

Things to consider when naming multiple beneficiaries:

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