Texas transfer on death deeds.

What a transfer on death deed does.

Since 2015, Texas law has allowed a property owner to sign a deed that takes effect only at death. While you are alive, you keep full ownership: you can live in the property, sell it, mortgage it, or change your mind. When you die, the property passes to the named beneficiary directly, with no probate needed for that property.

Requirements to get it right.

• The deed must be in writing, signed by the owner, and acknowledged before a notary
• It must be recorded in the county real property records before the owner's death — an unrecorded deed does nothing
• The beneficiary does not need to accept it or pay anything while you are alive
• The deed must identify the property and the beneficiary (and ideally an alternate) clearly

After the owner's death, the beneficiary typically records an affidavit and a certified copy of the death certificate to show that title has passed.

How to revoke or change it.

You can revoke or replace the deed by signing and recording a revocation or a later deed. Do not assume that a new will changes or cancels a deed that is already recorded.

Where a TOD deed falls short.

• It covers only the property named in the deed, not bank accounts, vehicles, or the rest of the estate
• Creditors and taxes: a TOD deed does not wipe out debts, liens, or estate recovery claims
• Co-owners and spouses: community property and homestead rules can complicate who must sign and who has rights
• Multiple beneficiaries: children who inherit together can disagree about selling
• Disabled beneficiaries: leaving property outright to someone on SSI or Medicaid can cost them benefits

For a general overview, see our transfer on death deeds page.