Transfer on Death Deed in Texas
A Transfer on Death Deed (TODD) is a legal estate planning tool that allows Texas homeowners to transfer real property directly to a named beneficiary upon death—without going through probate. Ownership automatically passes to the beneficiary when the property owner dies, helping families avoid costly delays and court involvement.
With a properly executed Transfer on Death Deed, your beneficiary can immediately take legal ownership of the property. They may choose to live in the home, rent it, or sell it without waiting for the probate process to be completed. At The Law Office of Steve Ortega, PLLC, we help clients prepare and record Transfer on Death Deeds that comply with Texas law and protect their property interests.
How a Transfer on Death Deed Works
A Transfer on Death Deed allows you to name one or more beneficiaries while retaining full ownership and control of the property during your lifetime. The transfer does not take effect until your death, and you may revoke or change the deed at any time before then.
Without a Transfer on Death Deed in place, real estate typically must pass through probate—a process that can be time-consuming, expensive, and stressful for surviving family members.
Requirements for a Valid Transfer on Death Deed
To be legally effective in Texas, a Transfer on Death Deed must meet specific statutory requirements, including:
-All elements required of a recordable deed
-A complete legal description of the property
-The name and address of the designated beneficiary
-The property owner’s (grantor’s) signature in the presence of a Notary Public
-A clear statement that the transfer occurs only upon the grantor’s death
-Proper recording of the deed before the grantor’s death
Failure to meet any of these requirements can invalidate the deed.
Who Can Benefit from a Transfer on Death Deed?
Most Texas homeowners can benefit from a Transfer on Death Deed, especially those seeking a simple and cost-effective way to transfer property to heirs. This option is commonly used by middle- and lower-income families but is appropriate for anyone who wants to avoid probate and simplify property transfer.
A Transfer on Death Deed is particularly useful for homeowners who want to pass property to children, family members, or other beneficiaries while maintaining control during their lifetime.
Get Help with a Transfer on Death Deed
Although a Transfer on Death Deed is a powerful probate-avoidance tool, it must be drafted and recorded correctly to be effective. Mistakes can lead to unintended consequences or probate litigation.
Contact The Law Office of Steve Ortega, PLLC today to speak with an experienced Texas estate planning attorney about preparing a Transfer on Death Deed and ensuring your property is transferred smoothly to your chosen beneficiary.