What is a Texas transfer on death deed?

A revocable deed (Tex. Est. Code ch. 114) that names a beneficiary to take your Texas real property automatically at your death — no probate needed for that asset. During your life it changes nothing: you keep full ownership, the right to sell or mortgage, your homestead rights, and your property-tax exemptions (s. 114.101).

What makes a TODD valid?

Three requirements under s. 114.055: it must (1) contain the essential elements and formalities of a recordable deed, (2) state that the transfer to the designated beneficiary occurs at the transferor's death, and (3) be RECORDED BEFORE THE TRANSFEROR'S DEATH in the deed records of the county where the property sits. An unrecorded TODD found in a drawer after death is void — recording is not optional.

Can my will override my transfer on death deed?

No — and this is the most-missed rule in Texas DIY planning. A will may not revoke or supersede a transfer on death deed (s. 114.057(b)). To change a recorded TODD you must record a new TODD or an instrument of revocation, acknowledged after the original and recorded before death (s. 114.057(a)). If your will and your TODD disagree, the TODD wins.

What happens to a TODD naming my ex-spouse?

Divorce revokes the gift to the ex-spouse only if notice of the divorce judgment is RECORDED before the transferor's death in the county's deed records (s. 114.057(c)). Skip the recording and the ex-spouse can still take. After any divorce, re-record.

Does the beneficiary take the property free of my debts?

No. The beneficiary takes subject to existing mortgages, liens, and applicable creditor rights under the chapter's liability rules (see ss. 114.103-114.106 — including the estate-insolvency and Medicaid estate-recovery machinery). A TODD avoids probate for the asset; it does not launder debts off the title.

Texas Transfer on Death Deed: Pass Real Estate Without Probate

Last updated July 18, 2026

Since 2015, Texas lets you pass real property outside probate with a transfer on death deed (Tex. Est. Code ch. 114). It is fully revocable, has no effect during your life — ownership, homestead rights, and ad valorem tax exemptions all stay yours (s. 114.101) — and takes effect only at death. The catch: its formalities are unforgiving, and its interaction with your will is the opposite of what most people assume. This is general information about Texas law, not legal advice.

The validity checklist (s. 114.055)

A recordable deed

The TODD needs the essential elements and formalities of any recordable Texas deed — a legal description, proper execution, and acknowledgment.

The at-death transfer statement

It must state that the transfer to the designated beneficiary occurs at the transferor's death.

RECORDED before death — no exceptions

The deed must be recorded before the transferor's death in the deed records of the county where the property is located. A signed, notarized TODD sitting unrecorded at death fails entirely.

The three traps

Your will cannot revoke it (s. 114.057(b))

“A will may not revoke or supersede a transfer on death deed.” If the will leaves the house to one child and a recorded TODD names another, the TODD controls. Revocation requires a NEW recorded instrument — acknowledged after the original and recorded before death.

The divorce-recording trap (s. 114.057(c))

A divorce judgment revokes the ex-spouse's designation ONLY if notice of the judgment is recorded before the transferor's death where the deed is recorded. No recording, no revocation.

Debts follow the property

The beneficiary takes subject to mortgages, liens, and the chapter's creditor and estate-recovery rules (ss. 114.103-114.106). Pair the TODD with a plan for the debt, not instead of one.

TODD, lady bird deed, or trust?

Texas practice also uses the enhanced life estate(“lady bird”) deed — a common-law tool with similar probate-avoidance effect and its own Medicaid-planning history — and the revocable living trust, which coordinates all assets, not just one parcel. The statutory TODD wins on simplicity and cost for a single Texas property with a clean beneficiary picture; a trust wins when there are multiple assets, contingent beneficiaries, or management needs. Your plan should choose deliberately.

Your Texas Estate Plan coordinates the deed, the will, and the beneficiary designations so they never fight each other.

Start your Texas Estate Plan

General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

What is a Texas transfer on death deed?: A revocable deed (Tex. Est. Code ch. 114) that names a beneficiary to take your Texas real property automatically at your death — no probate needed for that asset. During your life it changes nothing: you keep full ownership, the right to sell or mortgage, your homestead rights, and your property-tax exemptions (s. 114.101).
What makes a TODD valid?: Three requirements under s. 114.055: it must (1) contain the essential elements and formalities of a recordable deed, (2) state that the transfer to the designated beneficiary occurs at the transferor's death, and (3) be RECORDED BEFORE THE TRANSFEROR'S DEATH in the deed records of the county where the property sits. An unrecorded TODD found in a drawer after death is void — recording is not optional.
Can my will override my transfer on death deed?: No — and this is the most-missed rule in Texas DIY planning. A will may not revoke or supersede a transfer on death deed (s. 114.057(b)). To change a recorded TODD you must record a new TODD or an instrument of revocation, acknowledged after the original and recorded before death (s. 114.057(a)). If your will and your TODD disagree, the TODD wins.
What happens to a TODD naming my ex-spouse?: Divorce revokes the gift to the ex-spouse only if notice of the divorce judgment is RECORDED before the transferor's death in the county's deed records (s. 114.057(c)). Skip the recording and the ex-spouse can still take. After any divorce, re-record.
Does the beneficiary take the property free of my debts?: No. The beneficiary takes subject to existing mortgages, liens, and applicable creditor rights under the chapter's liability rules (see ss. 114.103-114.106 — including the estate-insolvency and Medicaid estate-recovery machinery). A TODD avoids probate for the asset; it does not launder debts off the title.

General information about Florida law, not legal advice.