Wills, trusts and probate
Texas Transfer on Death Deed: How It Works, How to Sign and Record It, and What Happens After the Owner Dies
How a Texas TODD works under Estates Code chapter 114: what it must say, notarizing and recording before death, revocation, the 120-hour rule, mortgages and claims.
Counselado · August 23, 2026 · Texas · Updated October 1, 2026
A Texas transfer on death deed (often shortened to TODD) lets you name one or more people to receive your interest in Texas real property when you die, while you keep full ownership until then. Under Texas Estates Code chapter 114 (opens in a new tab), the deed gives the beneficiary nothing during your life, you can still sell or mortgage the property, and you can revoke it. To work, it must meet the requirements of a recordable deed, say that the transfer happens at your death, and be recorded before you die with the county clerk where the property sits. At death, the beneficiary takes the property along with its mortgages, liens and certain estate claims.
Key takeaways
- A Texas TODD transfers only the owner's interest in Texas real property, and only at the owner's death.
- The deed must be signed, acknowledged before a notary and recorded with the county clerk where the property is located before the owner dies.
- The owner can still sell, refinance or revoke during life, and a will cannot revoke or override a recorded TODD.
- A beneficiary must survive the owner by 120 hours to receive the property.
- The property passes subject to mortgages and liens, and it can still be reached for certain estate claims for up to two years after death.
What a transfer on death deed does in Texas
Section 114.051 of the Texas Estates Code (opens in a new tab) allows an individual to transfer his or her interest in real property located in Texas to one or more beneficiaries, effective at death. The deed is treated as a nonprobate transfer, which is why it often comes up when families talk about passing a house or land without a full probate administration. Our guide to ways property can pass outside probate puts the TODD next to the other common options.
Until the owner dies, the deed does very little. Section 114.101 (opens in a new tab) says that during the owner's life a TODD does not affect the owner's right to transfer or encumber the property, homestead rights, property tax exemptions, creditor rights, public-assistance eligibility (subject to federal law) or a due-on-sale clause in a mortgage. It also creates no legal or equitable interest for the beneficiary, so the beneficiary cannot block a sale.
Chapter 114 took effect September 1, 2015, and applies to deeds signed and acknowledged on or after that date by owners who die on or after that date, according to section 114.003 (opens in a new tab). Amendments took effect September 1, 2019, including the repeal of the old statutory sample form.
Who can make one, and what property can it cover?
A TODD is made by an individual and covers that individual's interest in Texas real property. That wording matters. If you own a house together with someone else, the deed can pass only your share, not the whole property. Section 114.002 (opens in a new tab) separately describes joint owners with a right of survivorship, tenants in common and community property owners, and each arrangement can change what the beneficiary actually receives.
The person signing needs the same mental capacity required to make a contract, under section 114.054 (opens in a new tab). That same section says a TODD may not be created through a power of attorney, so an agent cannot sign one for the owner. If a trust, rather than the individual, owns the property, the trust documents and ownership records control instead.
What the deed must say
Section 114.055 (opens in a new tab) sets three requirements for an effective Texas TODD. The deed must:
- contain the essential elements and formalities of a properly recordable deed;
- state that the transfer of the property interest to the beneficiary happens at the owner's death; and
- be recorded before the owner's death in the deed records of the county clerk for the county where the property is located.
TexasLawHelp's transfer on death deed page (opens in a new tab) describes what that looks like on paper: a written deed signed by the owner, notarized, with the legal description of the property, the name and address of each beneficiary, a statement that the transfer happens at death, and recording during the owner's lifetime. The legal description is the formal description used in property records, so the current recorded deed is a common place to find it.
Some things are not required. Under section 114.056 (opens in a new tab), the beneficiary does not have to be notified, sign, accept the deed, receive delivery of it or pay anything during the owner's life.
Signing, notarizing and recording
Because the deed must meet the formalities of a recordable deed, the owner signs it and acknowledges the signature before a notary. A signed and notarized TODD still sitting in a drawer when the owner dies does not meet section 114.055, which requires recording before death.
The deed is recorded in the county clerk's real property records for the county where the land is located. Travis County's recording division (opens in a new tab), for example, files real property records and accepts documents in person or by mail. Fees are set locally. As of October 1, 2026, the Travis County fee schedule (opens in a new tab) lists $25 for the first page and $4 for each additional page for real property recording. Other counties set their own amounts, so the clerk in the county where the property sits can confirm the current fee and filing method. After recording, keep the recorded copy and the recording information with your important papers.
A Texas transfer on death deed from signing to title
- Prepare the deedThe deed includes the legal description, each beneficiary's name and address, and a statement that the transfer happens at the owner's death.
- Sign and notarizeThe owner signs the deed and acknowledges the signature before a notary.
- Record before deathThe deed is recorded in the deed records of the county clerk where the property is located, before the owner dies.
- During the owner's lifeThe owner can still sell, mortgage or revoke, and the beneficiary has no interest in the property.
- At the owner's deathA beneficiary who survives the owner by 120 hours receives the owner's interest, subject to mortgages and liens.
- Affidavit of DeathThe beneficiary records an Affidavit of Death in the county property records to establish clear title.
- Estate claims windowA proceeding to enforce certain estate claims against the property generally must begin by the second anniversary of death.
Changing or revoking the deed during life
A TODD is revocable even if the deed or another document says otherwise. Section 114.057 (opens in a new tab) lists the ways it can be revoked:
- a later TODD that expressly revokes the earlier one, or revokes it by being inconsistent with it;
- an instrument of revocation that expressly revokes all or part of the deed; or
- a final divorce judgment, as to a spouse who was named as beneficiary, if notice of the judgment is recorded before the owner's death in the deed records.
The later deed or revocation must be acknowledged after the original deed and recorded before the owner's death in the county where the original was recorded. When several owners signed one TODD, one owner's revocation does not affect another owner's interest. For joint owners with a right of survivorship, all living joint owners must join in the revocation.
The owner can also simply sell or mortgage the property. Since the beneficiary has no interest during the owner's life, a sale to someone else means there is nothing left for the deed to transfer.
Can a will change a recorded TODD?
No. Section 114.057(b) (opens in a new tab) says a will may not revoke or supersede a transfer on death deed. If your will leaves the house to one child but a recorded TODD names another, the TODD controls that property. To change who receives the property, the change has to be made through a new recorded TODD or a recorded revocation.
A TODD also does not replace a will. It covers only the real property interest described in it. Bank accounts, vehicles, personal belongings and any real property not listed still pass by will, by other beneficiary arrangements or, if there is no will, under Texas intestacy rules.
What happens when the owner dies
Under section 114.103 (opens in a new tab), a beneficiary who survives the owner by 120 hours (five days) receives the owner's interest under the terms of the deed, subject to chapter 114 and other law governing the estate. A beneficiary who does not survive by 120 hours has a lapsed share, and the statute's rules decide where that share goes. Naming an alternate beneficiary in the deed is one way owners plan for that possibility.
Joint ownership changes the order of events. If the owner held the property with a right of survivorship and another joint owner survives, the property belongs to the surviving joint owner or owners. The TODD takes effect only when the last surviving joint owner dies.
Beneficiaries can include more than one person, and TexasLawHelp (opens in a new tab) notes that a trust, charity, organization or institution can be named. A minor beneficiary may need a custodian or similar arrangement to hold the property. The Texas Uniform Transfers to Minors Act, Property Code section 141.010 (opens in a new tab), allows a custodian to be nominated in a deed or other instrument that names a future transfer.
What the beneficiary records after the owner's death
The usual practical step is recording an Affidavit of Death in the county real property records, which TexasLawHelp describes (opens in a new tab) as the way to establish clear title in the beneficiary's name. TexasLawHelp publishes both an Affidavit of Death form and a guided version. It also notes that a title company may ask for a death certificate, an obituary or other proof of death when the beneficiary later sells or borrows against the property.
Requirements for these post-death documents can vary by county and by transaction. The county clerk where the deed is recorded, and the title company handling any later sale or loan, can confirm what they need, including whether a certified death certificate must be attached.
Mortgages, liens and claims against the estate
A TODD does not erase debt tied to the property. Under section 114.104 (opens in a new tab), the beneficiary takes the property subject to every conveyance, encumbrance, assignment, contract, mortgage, lien and other interest affecting it at the owner's death. If an estate administration is opened and the property carries a lien, the personal representative must notify the secured creditor, who can then choose how its claim is treated under the creditor-claim rules.
The property can also be reached for certain estate obligations. Section 114.106 (opens in a new tab) allows claims against the estate, administration expenses, estate taxes and certain family allowances to be enforced against TODD property when the rest of the estate is not enough to pay them. A version of this section amended in 2023 took effect April 1, 2025.
Hover or tap a row to highlight it.
| Rule | Figure | Authority |
|---|---|---|
| Beneficiary survival period | 120 hours after the owner's death | Texas Estates Code §114.103 (opens in a new tab) |
| Recording deadline | Before the owner's death | Texas Estates Code §114.055 (opens in a new tab) |
| Claim proceeding against TODD property | Generally by the second anniversary of death | Texas Estates Code §114.106 (opens in a new tab) |
| Other parties may act after a demand | 90 days without a proceeding by the personal representative | Texas Estates Code §114.106 (opens in a new tab) |
| Travis County recording fee, first page | $25 | Travis County Clerk fees (opens in a new tab) |
| Travis County recording fee, each additional page | $4 | Travis County Clerk fees (opens in a new tab) |
If the personal representative receives a demand and does not start a section 114.106 proceeding within 90 days, other parties named in the statute may bring one.
Spouses, community property and homestead rights
Because a TODD passes only the owner's own interest, it does not take away a spouse's ownership share. In a community property state like Texas, one spouse's deed generally cannot hand over the other spouse's half. Section 114.101 (opens in a new tab) also preserves homestead rights during the owner's life, and the Texas Constitution, article XVI, section 50 (opens in a new tab), protects a qualifying homestead from forced sale except for the debts the Constitution lists. A TODD does not override those protections.
How a surviving spouse's rights play out after a death can depend on the marriage, the ownership records and the rest of the estate. A Texas estate planning or probate attorney can review how a deed fits with those facts.
Property tax exemptions
During the owner's life, a TODD does not affect property tax exemptions, including the residence homestead exemption and the exemptions for people 65 or older, people with disabilities and veterans, under section 114.101 (opens in a new tab). What happens to exemptions and appraisal after the owner dies is governed by other tax rules and handled by the local appraisal district, so the appraisal district for the county where the property sits is the office to ask about post-death exemptions.
How a TODD compares with other ways to pass property
A TODD is something the owner prepares and records before death. A small estate affidavit and an affidavit of heirship are tools families use after a death, and TexasLawHelp's overview of transferring property without court (opens in a new tab) treats them as separate paths. They are not interchangeable, and each has its own requirements.
A will directs property through probate and can cover everything the owner has, while a TODD covers only the real property described in it. A living trust holds property during life under a trust document. Joint ownership with a right of survivorship gives the other owner a present interest, which a TODD does not. A quitclaim deed transfers whatever interest the signer has right away, rather than at death.
Forms and whether you need a lawyer
Texas no longer has a statutory TODD form. The State Bar of Texas (disaster manual section on wills and estate planning) (opens in a new tab) notes that the statutory form is gone and points to TexasLawHelp, which publishes a guided Transfer on Death Deed form, a PDF toolkit, and Affidavit of Death forms. A form is a drafting aid; section 114.055 still sets what makes the deed effective.
Chapter 114 does not say a lawyer must prepare or sign a TODD. TexasLawHelp also flags situations that call for closer review, including joint ownership, creditor claims, spouses, mortgages and wider estate planning. If any of those apply, a Texas estate planning or real estate attorney can look at the deed before it is recorded.
Check what you know
Frequently asked questions about Texas transfer on death deeds
The questions below cover points that come up once the basics are clear.
Can someone challenge a TODD after the owner dies?
The deed can be questioned on grounds such as the owner's capacity, since section 114.054 requires the capacity needed to make a contract. Undue influence can also be raised as a validity issue under general Texas law. These disputes depend on the facts and evidence.
Can the beneficiary sell the property right away?
The interest passes at death to a beneficiary who survives by 120 hours, but buyers and lenders usually rely on a title company. The title company may ask for a recorded Affidavit of Death and proof of death, and it will look at any mortgage or lien that came with the property.
Does divorce cancel a TODD that names my spouse?
A final divorce judgment revokes the deed as to a spouse-beneficiary only if notice of the judgment is recorded before the owner's death in the deed records, under section 114.057. Without that recorded notice, the deed may still be read as naming the former spouse.
Next step
If you want a Texas TODD reviewed alongside the rest of an estate plan, or you are a beneficiary dealing with title after a death, you can find Texas estate planning and probate attorneys in the Counselado directory and check each lawyer's license with the State Bar of Texas before reaching out.
Terms in this guide
Tap a term to see what it means.
Transfer on death deed (TODD). A Texas deed under Estates Code chapter 114 that transfers the owner's interest in Texas real property to named beneficiaries at the owner's death.
Beneficiary. The person or entity named to receive the property interest at the owner's death.
Legal description. The formal description of the property used in the property records.
Acknowledgment. The owner's formal declaration of the signature before a notary.
Right of survivorship. A form of joint ownership under which a surviving joint owner takes the property when another owner dies.
Lapsed share. The share of a beneficiary who does not survive the owner by 120 hours, which passes under the statute's rules.
Affidavit of Death. A sworn statement recorded in the county property records after the owner's death to establish clear title in the beneficiary's name.
Personal representative. The executor or administrator of an estate when an administration is opened.
This guide gives general legal information, not legal advice for your situation. Laws change and differ by state; a lawyer licensed in your state can tell you how they apply to you.