How does a Texas transfer on death deed work?

A Texas transfer on death deed, often called a TODD, lets an individual name one or more beneficiaries to receive the individual’s interest in real property at death. The deed is revocable. It does not give the beneficiary a present ownership interest during the transferor’s life.

It can be a useful nonprobate transfer tool when the deed, ownership, beneficiary choices, debts, and broader plan fit. It is not a universal substitute for a Will, trust, title review, or estate administration.

The deed must satisfy the statute before death

Texas Estates Code Section 114.055 states three requirements. The instrument must contain the essential elements and formalities of a recordable deed, state that the transfer will occur at the transferor’s death, and be recorded before the transferor dies in the deed records for the county where the real property is located.

Delivery to the beneficiary, acceptance during life, and consideration are not required. Recording, however, is not optional under the statute. A signed deed left in a desk at death has missed the statutory step that makes this transfer path effective.

The property description and current ownership still matter. A transferor can convey only the interest the transferor owns. Community property, joint ownership, existing deeds, and property in more than one county require careful matching.

The owner keeps control during life

Section 114.101 preserves the transferor’s rights during life, including the right to transfer or encumber the property. The TODD does not create a legal or equitable interest for the designated beneficiary during that period. It also does not affect applicable homestead rights or the property-tax exemptions listed in the statute merely because the deed was recorded.

If the owner later conveys the property and the qualifying instrument or memorandum is recorded before death, Section 114.102 can make the TODD void as to the later grantee’s interest. Naming a beneficiary does not freeze the owner’s title.

Revocation requires another recorded instrument

A later qualifying transfer on death deed can revoke an earlier one expressly or by inconsistency. A separate instrument of revocation can also work if it satisfies Section 114.057. The revoking instrument must be acknowledged after the deed being revoked and recorded before death in the same county deed records.

A Will may not revoke or supersede a transfer on death deed. Writing a different beneficiary into a new Will can therefore create two documents saying different things while the recorded TODD continues to control the real property. Change the transfer using the method the TODD statute recognizes.

The beneficiary receives the property with its burdens

Subject to the deed and other law, a beneficiary who survives the transferor by 120 hours receives the transferor’s interest at death. The statute provides default rules when a beneficiary does not survive and when multiple beneficiaries take. It also states that the transfer carries no covenant of warranty of title, even if the deed says otherwise.

The beneficiary takes subject to the conveyances, mortgages, liens, contracts, and other interests affecting the property at death. A TODD changes the path of title. It does not pay the mortgage, remove an easement, settle a boundary dispute, or prove that the transferor owned the entire property.

Nonprobate does not mean unreachable by estate obligations

Texas Estates Code Section 114.106 can expose TODD property to claims, administration expenses, estate tax, and specified family allowances when the probate estate is insufficient. The section supplies procedures, timing rules, and possible apportionment among affected nonprobate property.

That risk matters when the house is the substantial asset and the estate has debt, expenses, or statutory family claims. A deed may transfer title at death while an administration dispute continues around the property. The Probate and Trust Administration overview explains why a nonprobate label does not end every estate question.

A simple deed can create a complicated co-ownership

When several beneficiaries receive equal undivided interests, they become co-owners unless the deed or other law changes the result. They may disagree about occupancy, repairs, taxes, insurance, sale, or a buyout. A minor, person receiving means-tested benefits, creditor-exposed beneficiary, or family member who cannot manage property may need a different recipient structure.

Before using a form, compare the TODD with the Will or Trust decision guide. The deed answers one title question. It does not supply incapacity management, instructions for other assets, or continuing trust protection.

Primary sources and legal boundary

Reviewed August 19, 2026. Primary Texas sources:

This article does not determine whether a transfer on death deed is valid or appropriate for particular property. Title, deed formalities, marital rights, liens, benefits, creditor claims, tax, and beneficiary circumstances can change the result. This is general information and does not create an attorney-client relationship.

Review the title before recording the beneficiary

Gather the current deed, mortgage, tax record, marital history, intended beneficiaries, and the rest of the estate plan. Confirm the interest that can be transferred, the result if a beneficiary dies first, and the administration burden the deed may leave behind.

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