Texas Transfer on Death Deed: How to Pass Your Home Without Probate
A Texas transfer on death deed lets you name who receives your home or other real estate when you die, without probate for that property. You keep full ownership and control while you’re alive, and you can change or cancel it. It has to be signed, acknowledged before a notary, and recorded in the county where the property sits before you die.
For a lot of Texas homeowners, that one deed is the piece that makes a simple plan stay simple. Our office is in Aledo, and we work with families across Texas. This page is education, not advice about your property. Here’s how it works.
How does a transfer on death deed work in Texas?
Texas created this tool in the Texas Real Property Transfer on Death Act, found in Chapter 114 of the Estates Code. It covers deeds signed and acknowledged on or after September 1, 2015 (§114.003). People often shorten the name to “TOD deed” or “TODD.”
You name one or more beneficiaries — the people who’ll receive the property. The transfer happens at your death, not before (§114.051).
While you’re alive, nothing changes. You can still sell the property or borrow against it. Your homestead rights and property-tax exemptions stay the same. And the beneficiary has no ownership interest yet (§114.101).
Your beneficiary doesn’t have to be told about the deed, agree to it, or pay anything for it (§114.056). A TOD deed also isn’t a will. Texas treats it as a separate, non-will document (§114.053).
After the owner dies, the beneficiary usually records an affidavit of death in the county records. That’s the practical step that shows the transfer has happened.
What does it take to make one valid?
Three things make a TOD deed work (§114.055):
- It’s signed like any deed that can be recorded. In plain terms, you sign it and acknowledge it before a notary. (Property Code §12.001 sets the recording rules.)
- It says the transfer happens at your death.
- It’s recorded before you die, in the deed records of the county where the property is located.
That third step is the one to watch. A signed deed that’s still in a desk drawer when the owner dies doesn’t do the job.
Two more rules are worth knowing. You need the same mental capacity it takes to sign a contract (§114.054(a)). And someone acting under your power of attorney can’t sign a TOD deed for you (§114.054(b)). If you want one, you sign it yourself.
Can I change or cancel it?
Yes. A TOD deed is always revocable, even if the deed itself says otherwise (§114.052).
To change or cancel it, you record either a new TOD deed or a signed, acknowledged revocation — before you die (§114.057(a)).
Here’s the part people most often get wrong: a will can’t revoke or override a transfer on death deed (§114.057(b)). If your wishes for the house change, the deed records have to change too.
Divorce has its own rule. If your spouse is the beneficiary and you divorce, the deed is revoked as to that former spouse only if notice of the divorce judgment is recorded before your death (§114.057(c)).
And you’re never locked in. You can still sell the property during your life (§114.057(f)).
How is it different from a Lady Bird deed or a living trust?
All three can move a home to the next generation outside probate. They get there in different ways.
Lady Bird deed. Its formal name is an enhanced life estate deed. It isn’t created by a Texas statute the way the TOD deed is; it’s a deed form Texas recognizes. One clear difference: an agent under a power of attorney can sign a Lady Bird deed for you, but can’t sign a TOD deed (§114.054(b)). Which one fits a family is a conversation, not a blanket rule.
Living trust. A funded revocable living trust can hold the house during your life and pass it at death without probate. A trust does more than a deed, and it asks more of you to keep up. If you’re weighing that path, our post on whether to put your house in a trust or an LLC is a good next read.
How does a transfer on death deed fit with a will?
Picture a homeowner with a house, a car, and a few bank and retirement accounts. A will, a TOD deed on the house, payable-on-death designations on the bank accounts, and current beneficiary forms on the retirement accounts and life insurance can be a complete, finished plan. That isn’t a shortcut. For the right family, it’s the right plan.
A TOD deed doesn’t replace a will, though. The will still covers what the deed doesn’t: personal belongings, accounts without a named beneficiary, and what happens if every beneficiary you named dies before you. A last will and testament is still where you name your executor.
One detail matters here. A beneficiary has to outlive you by 120 hours to receive the property. If they don’t, their share is handled under the same rules that apply to a gift in a will that fails (§114.103(a)). That’s why naming a backup beneficiary is worth the extra line.
For more on how this fits the bigger picture, see how to avoid probate in Texas and probating a will in Texas.
When is it worth having an attorney look at it?
The Texas State Law Library and TexasLawHelp.org publish TOD deed forms and guides, and plenty of people use them. A review tends to help when:
- You’re married or own the property with someone else
- You want to divide the property among several people
- A beneficiary might not outlive you, and you want a clear backup
- The property still has a mortgage (the beneficiary receives it subject to the mortgage — §114.104(a))
- The deed needs to line up with a will, a trust, or other parts of your plan
A short next step
If you’re thinking about a transfer on death deed — or want to know whether a will-based plan with one is enough for your family — schedule a Complimentary 15-Minute Zoom Call. It’s a short conversation to see if we’re a good fit for each other. If a will and a TOD deed are all you need, we’ll tell you.
You can also start with our estate planning page.
Cleverly Law Firm · Aledo, Texas · serving families across Texas.
FAQ
Does a transfer on death deed avoid probate in Texas?
Yes, for the property it covers. The property passes to your beneficiary at your death under the deed, and Texas law says it isn’t part of your probate estate.
Do I have to record a transfer on death deed before I die?
Yes. A Texas TOD deed only works if it’s recorded in the deed records of the county where the property is located before the owner dies.
Can I revoke a transfer on death deed with my will?
No. A will can’t revoke or override a TOD deed in Texas. To change or cancel it, you record a new TOD deed or a signed, acknowledged revocation before you die.
What happens if my beneficiary dies before me?
A beneficiary has to outlive you by 120 hours. If they don’t, their share is handled under the rules for a gift in a will that fails. Naming a backup beneficiary keeps the plan clear.
Can I use a transfer on death deed if I still have a mortgage?
Yes. Recording the deed doesn’t trigger the loan’s due-on-sale clause. Your beneficiary receives the property subject to the mortgage.
Does a transfer on death deed affect my homestead exemption?
Not while you’re alive. Texas law says a TOD deed doesn’t change your homestead rights or property-tax exemptions during your life.
Is a Lady Bird deed the same as a transfer on death deed?
No. Both can pass real estate at death outside probate, but they work differently. A TOD deed is created by Texas statute and must be signed by the owner. A Lady Bird deed isn’t created by statute, and an agent under a power of attorney can sign one.
Do I still need a will if I have a transfer on death deed?
Usually, yes. The deed covers the property it names. A will covers everything else, names your executor, and handles what happens if every beneficiary dies first. Together they can be a complete plan.
About Me
Jeremy Cleverly is an estate planning attorney who helps families put thoughtful plans in place for the people they love most.
His work focuses on helping parents protect minor children, prepare young adults for greater independence, and assist families navigating the legal and practical concerns that come with aging parents. He also helps individuals and couples create clear plans for incapacity, inheritance, family responsibilities and the transfer of assets.
With more than two decades of legal experience, Jeremy takes a practical, personal approach to estate planning. He begins with the family, the goals and the concerns—not the documents—then builds a plan designed to provide clarity, reduce conflict and protect what matters most.
Outside the firm, Jeremy serves on the executive board of the Aledo Education Foundation, on the board of Big Country Veterans, and on the finance committee at Aledo United Methodist Church.
He is a past President of the Ellis County Bar Association and has served on the board of the Stephen F. Austin State University Alumni Association. He has taught business law as an adjunct professor, judged business pitch competitions and guest lectured at Stephen F. Austin State University, and speaks about estate planning on podcasts and video interviews. He is a former member of Cowtown Angels, the Fort Worth angel investment network.
Before and alongside his legal practice, Jeremy founded and led Bumps and Bruises Pediatric Urgent Care, which he scaled and sold to a private equity-backed buyer. He later acquired a commercial landscaping company, rebranded it, built out its systems and processes, and sold it as well, and has helped run a third company through a venture-backed incubator. Business owners tend to find their way to him for that reason: when the conversation turns to succession, he has been on the other side of it.
Author Bio
Jeremy Cleverly is the founder and principal attorney at The Cleverly Law Firm, where he brings more than two decades of legal experience to estate planning for Texas families. As a husband and a father, he understands what is actually at stake in this work. His approach begins with the family, the goals and the concerns — not the documents.
His practice focuses on helping parents protect minor children, preparing young adults for greater independence, and guiding families through the legal and practical questions that come with an aging parent. He also helps individuals and couples create clear plans for incapacity, inheritance and the transfer of assets — plans built to work in real life, reduce conflict, and hold up when a family needs them most.
