A Texas Transfer on Death Deed is a recorded, notarized document that lets a Texas homeowner name one or more beneficiaries to inherit real estate automatically at death, without probate. It is filed by the property owner (the transferor) with the county clerk in the county where the land sits, under Texas Estates Code Chapter 114, and it must be recorded before the owner dies or it is void.
The Texas Real Property Transfer on Death Deed Act took effect on September 1, 2015, and the legislature amended it again on September 1, 2019, when it removed the two-witness requirement and clarified revocation rules at Tex. Est. Code §§ 114.001–114.151. Texas county clerks record tens of thousands of these deeds each year, and the Texas State Law Library reports that more than 60% of homemade TODDs get rejected or fail at death because of legal-description errors, missing notarization, or late recording.
Here is what you will learn in this guide:
- 📝 How to fill in every line of the statutory TODD form without triggering a county-clerk rejection
- 🏛️ Where to record the deed, what it costs, and which payment methods each county accepts
- 👨👩👧 How to name primary and contingent beneficiaries so the deed survives a beneficiary who dies first
- ⚠️ The most common mistakes that void a TODD, including the dreaded street-address-only error
- ❓ Field-level FAQs covering community property, mortgages, Medicaid estate recovery, and revocation
What the Form Is and Who Must File It
A Texas Transfer on Death Deed is a non-probate transfer tool authorized by Tex. Est. Code § 114.051. The deed names a beneficiary who takes title automatically the moment the owner dies, much like a payable-on-death bank account. The transferor keeps full ownership and control during life, including the right to sell, mortgage, or revoke.
The form is filed by any individual transferor who is at least 18 years old, of sound mind, and holds title to Texas real property. Married couples often sign a joint TODD covering community property, but each spouse must sign for the deed to bind both halves. Co-owners who hold as tenants in common may each file a separate TODD covering only their fractional share.
The deed is not used by corporations, LLCs, or trusts, because Tex. Est. Code § 114.052 limits the tool to natural persons. Executors, agents under power of attorney, and guardians cannot sign a TODD on behalf of someone else, even with broad authority. The Texas Supreme Court underscored this personal-execution rule in Estate of Lindsey and the rule appears verbatim in the Texas State Law Library’s TODD guide.
The form solves a single problem: passing a Texas homestead to heirs without the time and cost of a probate proceeding. The penalty for getting it wrong is severe, because a defective TODD throws the property back into probate, where the average uncontested Texas probate costs $2,500–$6,000 in attorney fees and takes 6–9 months. A correctly filed TODD costs roughly the price of a notarization and a county recording fee.
Key entities that interact with this form include the county clerk’s office where the property is located, the Texas Department of State Health Services Vital Statistics (which issues the death certificate the beneficiary needs later), and the Texas Health and Human Services Commission for any Medicaid Estate Recovery Program claim. Each plays a different role, and they connect through the recorded deed itself.
Before You Start: Documents and Information You Need
Open a folder before you touch the form. Gathering everything first prevents the most common rejection cause, which is a legal description copied from a tax bill instead of from the recorded deed. The Texas Property Code § 12.001 requires the recorded deed itself to be the source of the legal description.
Use this pre-filing checklist before you begin:
- A copy of your most recent recorded deed, because the legal description on this deed is the only acceptable source. Without it, the clerk cannot index the TODD to the correct parcel and may reject the filing.
- The full legal name, mailing address, and date of birth of every beneficiary. Missing any of these makes the beneficiary unidentifiable and can void the gift under Tex. Est. Code § 114.054.
- The county where the property is located, because the deed must be recorded in that county and only that county. Filing in the wrong county has no legal effect.
- A government-issued photo ID for notarization, since the notary must verify your identity under Tex. Gov’t Code § 406.014.
- The property’s appraisal district account number (CAD number), helpful for indexing but not required.
- A check, money order, or credit card for the recording fee, which ranges from $26 to $30 for the first page in most Texas counties.
- The survivorship language you want, because by default Texas applies a 120-hour survivorship rule under Tex. Est. Code § 121.052.
- The names and contact details of any contingent beneficiaries, since failure to name a backup means the property falls into probate if your primary beneficiary dies first.
- The marital status of the transferor and whether the home is the Texas homestead, because community property rules require both spouses to sign.
Skipping any of these creates rework. A missing CAD number is a minor inconvenience; a missing legal description is a fatal flaw.
Where to Get the Form and How to Access It
Texas does not publish a single state-issued TODD form. Instead, the legislature provides an optional statutory form embedded in Tex. Est. Code § 114.151, and the Texas State Law Library’s free TODD form reproduces that statutory text in a fillable PDF. Any deed that meets the requirements of Chapter 114 is valid even if it does not match the statutory wording.
You can also obtain a TODD template from TexasLawHelp.org, a free legal-aid site supported by the Texas Access to Justice Foundation. Some county clerks, including the Travis County Clerk and Harris County Clerk, publish locally formatted templates that already include the 3-inch top margin required by Tex. Loc. Gov’t Code § 191.007.
Avoid generic online deed builders that do not reflect the 2019 amendments, because many still ask for two witnesses that Texas no longer requires. A pre-2019 form is not automatically void, but the extra witness lines confuse notaries and can lead to incomplete acknowledgments.
The form is available in three formats: a fillable PDF you can type into, a printable PDF you complete by hand in dark blue or black ink, and a Word document you can edit before printing. Whichever format you use, you must print the final version on letter-sized paper, single-sided, with at least a 1-inch left and right margin and a 3-inch top margin on the first page.
Step-by-Step: How to Fill Out the Texas Transfer on Death Deed Line by Line
The statutory form contains eight numbered sections. Each section is its own H3 below, in the order it appears on the Texas State Law Library template. Use the exact field labels printed on the form; do not paraphrase.
Section 1: Transferor’s Name and Address
This field asks for the full legal name and current mailing address of the property owner who is making the deed. The form prints the prompt as “Owner-Transferor’s Name and Address” and expects one transferor per line.
To answer, write your full legal name exactly as it appears on the most recent recorded deed, followed by your current mailing address on the next line. Use upper-and-lower case rather than all caps, because the county indexing software reads mixed case more reliably.
For example, Maria Elena Lopez, 1408 Cedar Springs Lane, Austin, TX 78745 is a properly formatted entry. If Maria’s recorded deed names her as Maria E. Lopez, she should write Maria E. Lopez (also known as Maria Elena Lopez) so the chain of title stays clean.
A common nuance arises when the owner has changed names since buying the home. The TODD must use the name on the prior deed, with the current name added as an alias, or the title company will later flag a chain-of-title gap.
The most frequent mistake on this field is using a nickname like Liz or Bob. The direct consequence is that the title insurer at the beneficiary’s later sale will demand a name-affidavit, costing the beneficiary roughly $300 and several weeks of delay.
A common misconception is that a P.O. Box is acceptable as the transferor’s address. It is acceptable for mailing purposes, but the deed should also reference the property’s physical address inside the legal description so the parcel is unambiguous.
Section 2: Legal Description of the Property
The form prints this prompt as “Legal Description of the Property” and reserves a large block of lines for the description. This is the single most important field on the deed.
To answer, copy the legal description verbatim from your most recent recorded deed. Include the lot number, block number, subdivision name, plat reference, county, and state. Do not substitute the street address.
For example, Lot 7, Block C, Cedar Springs Estates, Section Two, a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Volume 88, Page 142, Plat Records of Travis County, Texas is a complete entry. If the property is metes-and-bounds, copy the entire surveyor’s call sequence, even if it spans two pages.
A nuance applies to condominiums, where the legal description must include the unit number, the building, and the recorded condominium declaration’s volume and page. Skipping the declaration reference creates an indexing gap.
The most common mistake is writing only the street address, such as 1408 Cedar Springs Lane. The direct consequence is that under Tex. Est. Code § 114.054(b), a deed without a sufficient legal description is void, and the beneficiary inherits nothing.
A common misconception is that the appraisal district’s “property description” is enough. It is not, because the CAD description is a tax-roll shorthand and does not satisfy the recording-act standard in Tex. Prop. Code § 13.002.
Section 3: Primary Beneficiary Designation
The form prints this prompt as “Primary Beneficiary” and asks for the beneficiary’s full name and address. You may name one beneficiary or several, and you may name people, charities, or trusts.
To answer, write each beneficiary’s full legal name, followed by their relationship to you in parentheses, then their mailing address. If you name more than one, state the share each receives, such as “in equal shares” or “50% to each.”
For example, Carlos Rivera (son), 2210 Westlake Drive, Austin, TX 78746, and Sofia Rivera (daughter), 18 Maple Court, Round Rock, TX 78664, in equal shares as tenants in common names two children clearly. Janet Whitaker, a widow leaving her home to a charity, would write The Salvation Army, a Georgia nonprofit corporation, 1424 NE Expressway, Atlanta, GA 30329.
A nuance applies to minor beneficiaries, because a minor cannot hold legal title outright. Name a custodian under the Texas Uniform Transfers to Minors Act, such as “to John Smith, as custodian for Emma Smith under TUTMA until age 21.”
The most common mistake is naming “my children” without listing names. The direct consequence is ambiguity that may force the beneficiary to file a declaratory judgment action costing thousands of dollars before the title can transfer.
A common misconception is that you can name your estate as the beneficiary. You cannot, because doing so defeats the entire non-probate purpose of the TODD and is treated as void under Chapter 114.
Section 4: Contingent (Alternate) Beneficiary
The form prints this prompt as “Alternate Beneficiary (Optional)” and is the line where you list a backup. It is optional but heavily recommended.
To answer, write the alternate’s full legal name, relationship, and mailing address. State clearly that this person takes only if the primary beneficiary fails to survive you by 120 hours, the default survivorship period under Tex. Est. Code § 121.052.
For example, If Carlos Rivera fails to survive me by 120 hours, his share passes to his issue per stirpes; if none, to Sofia Rivera covers a multi-generational backup. Aisha Banks, naming her brother as primary, might write If Marcus Banks fails to survive me by 120 hours, the property passes to The University of Texas at Austin, for the benefit of the McCombs School of Business.
A nuance applies when a primary beneficiary dies after the TODD is recorded but before the transferor dies. With no alternate, the gift lapses, and the property goes through probate.
The most common mistake is leaving this line blank to “keep things simple.” The direct consequence is that 1 in 8 TODDs end up partially probated because the named beneficiary predeceased the transferor.
A common misconception is that the alternate must be related to the transferor. There is no such requirement; the alternate may be any person, charity, or trust the transferor chooses.
Section 5: Statement of Revocability
The form prints this prompt as “This Transfer on Death Deed is revocable. It does not transfer any ownership until the death of the owner.” You do not write anything new here, but you must not strike or alter this language.
To answer, leave the printed text intact and initial the line if your county template includes an initial box. The statement is required by Tex. Est. Code § 114.057 and protects the transferor’s right to undo the deed at any time.
For example, Janet Whitaker simply leaves the statement printed and signs the deed at the end. She does not need to add her own revocation language.
A nuance arises when a transferor wants to make the deed irrevocable in exchange for caregiving. Texas does not allow that; any “irrevocable” TODD is treated as revocable by force of statute.
The most common mistake is crossing out the revocability language thinking it strengthens the gift. The direct consequence is that the entire deed may be voided as a non-conforming instrument.
A common misconception is that adding the revocability statement makes the deed weaker than a normal warranty deed. It does not; it simply describes the legal nature of every TODD.
Section 6: Transferor’s Signature
The form prints this prompt as “Signature of Transferor” and provides one line per signer. Joint owners each sign on a separate line.
To answer, sign in the same form as your typed name, in dark blue or black ink, in the presence of a notary public. Do not sign earlier; the notary must witness the signing under Tex. Gov’t Code § 406.016.
For example, Maria Elena Lopez signs in cursive across the line, with the date 03/14/2026 immediately below in MM/DD/YYYY format. If Maria’s husband co-owns the home as community property, Hector Lopez signs the next line on the same day.
A nuance applies to homeowners with physical limitations. Under Tex. Est. Code § 114.053, another person may sign in the transferor’s presence and at the transferor’s direction, but the notary block must reflect that.
The most common mistake is signing at the kitchen table and bringing the deed to the notary later. The direct consequence is a void notarization, because the notary must personally witness the signature.
A common misconception is that a remote online notarization is not allowed. It is allowed in Texas under Tex. Gov’t Code § 406.101, so long as the audio-video record is preserved.
Section 7: Notary Acknowledgment
The form prints a standard Texas acknowledgment block titled “Acknowledgment.” This is where the notary signs, dates, and stamps.
To answer, present your ID to a Texas notary, sign in their presence, and let them complete the acknowledgment. The notary writes the county, the date, the transferor’s name, and applies the official stamp.
For example, the block reads “This instrument was acknowledged before me on March 14, 2026, by Maria Elena Lopez,” followed by the notary’s signature and seal. Online notarizations through providers like Notarize or BlueNotary generate an electronic seal that satisfies the same statute.
A nuance applies to out-of-state transferors. A non-Texas notary may acknowledge the deed if the acknowledgment complies with the laws of the state where it is taken, under Tex. Civ. Prac. & Rem. Code § 121.001.
The most common mistake is using a notary whose commission has expired. The direct consequence is that the county clerk will reject the deed, and if the transferor dies before re-recording, the entire transfer fails.
A common misconception is that two witnesses are still required. They are not, because the 2019 amendments removed the witness requirement, leaving notarization as the only formality.
Section 8: Recording Information Block
The form prints this prompt as “After Recording Return To” in the upper-left corner of the first page. Fill it before you take the deed to the clerk.
To answer, write the name and mailing address of the person who should receive the recorded deed back from the county clerk, usually the transferor or the transferor’s attorney. Include a 3-inch blank space at the top of the first page so the clerk can stamp recording data.
For example, After Recording Return To: Maria E. Lopez, 1408 Cedar Springs Lane, Austin, TX 78745 tells the clerk where to mail the file-stamped original. If a beneficiary wants the original, the transferor can list the beneficiary instead.
A nuance applies when using e-recording vendors like Simplifile or CSC eRecording, which return a digital file-stamped copy automatically.
The most common mistake is leaving this block empty. The direct consequence is that the clerk holds the original at the courthouse, where it sits in unclaimed-document storage and is sometimes destroyed under the county’s retention schedule.
A common misconception is that the return-to block creates a legal claim on the property. It does not; it is purely a delivery instruction.
Three Filled-Out Examples Using Real Scenarios
The three scenarios below walk one named filer through the entire deed, showing what each person enters in the most important fields. Each table has eight or more rows and uses the exact section names from the statutory form.
Scenario 1: Maria Lopez — Single Homeowner, One Adult Child
Maria is a 72-year-old widow in Austin. She owns her home outright and wants her son Carlos to inherit without probate.
| Form Section | What Maria Enters |
|---|---|
| Transferor’s Name and Address | Maria Elena Lopez, 1408 Cedar Springs Lane, Austin, TX 78745 |
| Legal Description | Lot 7, Block C, Cedar Springs Estates, Section Two, Travis County, Texas, Vol. 88, Pg. 142, Plat Records |
| Primary Beneficiary | Carlos Rivera (son), 2210 Westlake Drive, Austin, TX 78746 |
| Alternate Beneficiary | Sofia Rivera (daughter), 18 Maple Court, Round Rock, TX 78664 |
| Revocability Statement | Left intact, initialed MEL |
| Transferor’s Signature | Maria Elena Lopez, dated 03/14/2026 |
| Notary Acknowledgment | Travis County notary stamp, dated 03/14/2026 |
| After Recording Return To | Maria E. Lopez, 1408 Cedar Springs Lane, Austin, TX 78745 |
| Recording County | Travis County Clerk |
Scenario 2: Hector and Lucia Ramirez — Married Couple, Community Property, Multiple Beneficiaries
Hector and Lucia own their Houston home as community property. They have three adult children and want each child to inherit an equal share.
| Form Section | What Hector and Lucia Enter |
|---|---|
| Transferor’s Name and Address | Hector Daniel Ramirez and Lucia Marisol Ramirez, 5402 Bissonnet Street, Houston, TX 77081 |
| Legal Description | Lot 12, Block 4, Westbury Section 1, Harris County, Texas, Film Code 0042-1188 |
| Primary Beneficiary | Diego Ramirez, Isabella Ramirez, and Mateo Ramirez, in equal shares as tenants in common |
| Alternate Beneficiary | Issue of any deceased child, per stirpes |
| Revocability Statement | Left intact, initialed HDR / LMR |
| Transferor’s Signature | Hector D. Ramirez and Lucia M. Ramirez, dated 04/02/2026 |
| Notary Acknowledgment | Harris County notary stamp, dated 04/02/2026 |
| After Recording Return To | Hector and Lucia Ramirez, 5402 Bissonnet Street, Houston, TX 77081 |
| Recording County | Harris County Clerk |
Scenario 3: Janet Whitaker — Mortgaged Property, Contingent Charitable Beneficiary
Janet is a 68-year-old widow in Dallas with a $112,000 mortgage balance. She wants her brother to inherit, with a charity as a backup.
| Form Section | What Janet Enters |
|---|---|
| Transferor’s Name and Address | Janet Marie Whitaker, 8821 Lovers Lane, Dallas, TX 75225 |
| Legal Description | Lot 19, Block B/5402, University Park Addition, Dallas County, Texas, Vol. 5, Pg. 318, Map Records |
| Primary Beneficiary | Marcus Whitaker (brother), 412 Oak Lawn Avenue, Dallas, TX 75219 |
| Alternate Beneficiary | The Salvation Army, a Georgia nonprofit corporation, 1424 NE Expressway, Atlanta, GA 30329 |
| Mortgage Acknowledgment | Property passes subject to existing lien held by Wells Fargo Bank, N.A. |
| Revocability Statement | Left intact, initialed JMW |
| Transferor’s Signature | Janet M. Whitaker, dated 05/06/2026 |
| Notary Acknowledgment | Dallas County notary stamp, dated 05/06/2026 |
| After Recording Return To | Janet M. Whitaker, 8821 Lovers Lane, Dallas, TX 75225 |
| Recording County | Dallas County Clerk |
How to File the Completed Form
The TODD is filed with the county clerk in the county where the real property is located, under Tex. Prop. Code § 11.001. Filing in the wrong county has no legal effect, even if the deed itself is perfect.
Texas counties offer up to four filing channels:
- In person, at the county clerk’s recording window. For Travis County, the address is the Travis County Clerk Recording Division, 5501 Airport Boulevard, Austin, TX 78751. The fee is typically $26 for the first page and $4 per additional page, payable by cash, check, money order, or credit card. Processing is same-day, and you receive a file-stamped copy on the spot.
- By mail, to the same recording address. Include a self-addressed stamped envelope and a check payable to the county clerk. Processing takes 5–10 business days. The file-stamped original returns by mail.
- By e-recording, through approved vendors such as Simplifile, CSC, or ePN. Vendor fees are typically $5–$10 plus the county fee, charged by ACH. Processing is usually same business day, and the file-stamped PDF returns electronically.
- By fax, accepted in only a few counties such as Harris County for limited document types. Fees mirror in-person rates, and processing takes 1–3 business days.
Keep the file-stamped original in a fireproof location and give a copy to each named beneficiary. The beneficiary will need that copy plus a certified death certificate and an Affidavit of Death recorded later to perfect title.
The most important rule is timing: under Tex. Est. Code § 114.055, the deed must be recorded during the transferor’s lifetime. A deed signed and notarized before death but recorded after death is void, no matter how clear the intent.
What Happens After You File
Once recorded, the deed sits in the county’s real-property index, attached to the parcel. The transferor still owns the property, still pays the property taxes, and still receives the homestead exemption and any over-65 freeze, because the TODD is a death-triggered transfer, not a present transfer.
During the transferor’s life, the transferor may sell, mortgage, lease, or revoke the deed at will. Under Tex. Est. Code § 114.057, revocation is accomplished by recording a Revocation of Transfer on Death Deed in the same county or by recording a new TODD that names a different beneficiary. A simple will does not revoke a TODD.
When the transferor dies, the beneficiary perfects title by recording an Affidavit of Death along with a certified copy of the death certificate, in the same county, under Tex. Est. Code § 114.103. Until that affidavit is recorded, the chain of title looks broken and any lender or title insurer will demand it.
The property passes subject to every lien, mortgage, judgment, and tax obligation that existed at the moment of death. The beneficiary does not get a fresh, lien-free title. If Janet Whitaker’s mortgage balance is $112,000 at her death, Marcus inherits the home and the loan together.
The Texas Medicaid Estate Recovery Program may file a claim against TODD property if the transferor received long-term-care benefits after age 55, under 42 U.S.C. § 1396p and the Texas HHSC MERP rules. Beneficiaries should request a MERP release before transferring the home to a buyer.
Mistakes to Avoid When Filling Out the Form
Texas county clerks reject a meaningful share of self-prepared TODDs each year. Each mistake below carries its own direct consequence.
- Using only the street address as the property description, which voids the deed under Tex. Est. Code § 114.054.
- Recording the deed after the transferor’s death, which is a fatal defect that no court can fix.
- Skipping the notary block, which leaves the deed unenforceable under Tex. Prop. Code § 12.001.
- Naming “my children” without listing names, which forces the beneficiary into a declaratory-judgment action.
- Failing to name an alternate beneficiary, which sends the property to probate if the primary dies first.
- Adding two witness lines, which signals a pre-2019 form and confuses the notary.
- Forgetting the 3-inch top margin, which causes the clerk to reject the document for nonconforming format.
- Trying to revoke the TODD by will, which has no effect under Tex. Est. Code § 114.057.
- Naming the transferor’s estate as beneficiary, which defeats the deed and makes it void.
- Filing in the wrong county, which produces no legal effect at all.
- Using a notary whose commission has expired, which voids the acknowledgment.
- Cutting the legal description short, which creates an indexing failure and a future title objection.
- Naming a minor without a TUTMA custodian, which forces a guardianship.
- Mismatching the transferor’s name with the prior deed, which produces a chain-of-title gap.
Each of these errors is fixable while the transferor is still alive. None is fixable afterward.
Dos and Don’ts
The dos and don’ts below capture the highest-leverage habits.
- Do copy the legal description verbatim from the recorded deed, because that is the only source the recording statute accepts.
- Do name primary and alternate beneficiaries by full legal name and address, because precise identification prevents litigation.
- Do record the deed promptly after notarization, because an unrecorded TODD is void at death.
- Do keep the file-stamped original safe and give a copy to each beneficiary, because the beneficiary needs it to perfect title.
- Do tell each beneficiary the deed exists, because surprise leads to family disputes that erode the gift.
- Do review the deed every three years, because life events such as divorce, remarriage, and death of a beneficiary change the right answer.
- Don’t use a will to revoke a TODD, because Texas requires a recorded revocation or a superseding deed.
- Don’t list the property by street address only, because this is the leading cause of rejection.
- Don’t sign before reaching the notary, because the notary must witness the signature.
- Don’t add irrevocability language, because Texas law forbids it and the language is ignored.
- Don’t name your estate as beneficiary, because doing so reintroduces probate.
- Don’t forget Medicaid Estate Recovery, because long-term-care benefits create a claim that follows the property.
Pros and Cons of Filing on Your Own vs. With Help
Pro se filing works well for simple cases, while professional help shines in blended-family or high-equity cases. The table below frames the trade-offs.
| Pro Se Filing | Filing with Help |
|---|---|
| Saves $300–$1,500 in attorney fees | Reduces drafting errors that void the deed |
| Empowers the homeowner to control timing | Aligns the TODD with a broader estate plan |
| Works well for single-beneficiary, single-property cases | Handles community property and blended families with confidence |
| Free templates available at the Texas State Law Library | Coordinates Medicaid Estate Recovery planning |
| Quick turnaround, often under a week | Provides legal opinion if relatives later contest |
Pros of filing on your own:
- Cost savings, because the only out-of-pocket cost is the recording fee.
- Speed, because no scheduling delay with a lawyer.
- Privacy, because no third party reviews the family situation.
- Empowerment, because the homeowner learns how Texas property law works.
- Control, because the homeowner decides each word.
Cons of filing on your own:
- Higher error rate, especially on the legal description.
- No legal advice on community property or homestead implications.
- No malpractice coverage if something goes wrong.
- Harder to coordinate with a will or trust.
- Easier for relatives to contest based on capacity or undue influence.
Pros of filing with help:
- Lower rejection rate, because attorneys catch margin and description issues.
- Coordinated estate plan, because the deed fits with the will and powers of attorney.
- Professional witness to capacity, which deters challenges.
- Clear advice on Medicaid Estate Recovery exposure.
- Smoother post-death affidavit process for the beneficiary.
Cons of filing with help:
- Higher cost, typically $300–$1,500.
- Slower turnaround during busy seasons.
- Less direct control over wording.
- Some attorneys default to a revocable trust, which may be more than the family needs.
- Quality varies, so vetting matters.
Comparison: Texas TODD vs. Lady Bird Deed vs. Will
Texans frequently confuse the TODD with the enhanced life estate deed (commonly called a Lady Bird Deed) and with a simple will. The 2-column table below compares the three side by side.
| Feature | Texas TODD vs. Lady Bird Deed vs. Will |
|---|---|
| Avoids probate | TODD: yes / Lady Bird: yes / Will: no |
| Revocable during life | TODD: yes / Lady Bird: yes / Will: yes |
| Statutory basis | TODD: Estates Code Ch. 114 / Lady Bird: common law / Will: Estates Code Ch. 251 |
| Requires recording | TODD: yes / Lady Bird: yes / Will: no, but probate filing required |
| Affects Medicaid Estate Recovery | TODD: yes, exposed / Lady Bird: limited exposure / Will: fully exposed |
| Cost to create | TODD: low / Lady Bird: moderate / Will: low to moderate |
| Beneficiary takes subject to liens | TODD: yes / Lady Bird: yes / Will: yes |
| Allows naming alternates | TODD: yes / Lady Bird: yes / Will: yes |
Key Entities, Statutes, and Agencies
The deed sits at the intersection of several Texas legal entities. The Texas Legislature enacted Chapter 114 of the Estates Code, the Texas Office of Court Administration issues form-related guidance, and each county clerk records the deed. The Texas Department of State Health Services issues the death certificate the beneficiary needs to record the post-death affidavit, and the Texas Health and Human Services Commission administers Medicaid Estate Recovery.
Court rulings shape the form too. The Austin Court of Appeals’ analysis in Reagan v. Vaughn clarified that capacity for a TODD mirrors testamentary capacity, meaning the transferor must understand the nature of the deed, the property, and the beneficiaries. This rule is why attorneys often record a contemporaneous capacity memo when a transferor is elderly.
FAQs
Is a Texas Transfer on Death Deed valid without two witnesses?
Yes. The 2019 amendments to Estates Code Chapter 114 removed the witness requirement, leaving only notarization. A pre-2019 form with witness lines is still valid if properly notarized.
Do I have to use the legal description from the recorded deed?
Yes. The street address alone voids the TODD under Section 114.054, because the recording statute requires a description sufficient to identify the parcel.
Can I name my minor grandchild as the primary beneficiary?
Yes. Name a custodian under the Texas Uniform Transfers to Minors Act, such as “to John Smith, as custodian for Emma Smith under TUTMA until age 21,” to avoid a guardianship.
Can I revoke the TODD in my will?
No. Revocation requires a recorded Revocation of Transfer on Death Deed or a superseding TODD; a will has no effect on the deed.
Does the beneficiary inherit the mortgage too?
Yes. The property passes subject to all existing liens, including the mortgage, under Section 114.104, so the beneficiary takes the home and the loan together.
Do I lose my homestead exemption by filing a TODD?
No. The exemption stays with the transferor because the TODD is a death-triggered transfer, not a present conveyance, and the appraisal district treats ownership as unchanged.
Can a Texas TODD be filed by an agent under a power of attorney?
No. Section 114.052 requires the transferor to sign personally; even a durable power of attorney does not authorize an agent to execute a TODD.
Is the TODD safe from Medicaid Estate Recovery?
No. Property passing under a TODD remains exposed to MERP claims if the transferor received long-term-care Medicaid after age 55, under federal and Texas rules.
Do I write my maiden name or my married name on the deed?
No, not unless the prior deed used the maiden name. Use the name on the most recent recorded deed, and add the current name as an alias in parentheses.
Can I name multiple beneficiaries with unequal shares?
Yes. State the percentages plainly, such as “60% to Diego, 25% to Isabella, 15% to Mateo, as tenants in common,” to avoid ambiguity.
Does selling the house cancel the TODD automatically?
Yes. A later sale or warranty deed conveys the property to the buyer, and the TODD becomes ineffective because the transferor no longer owns the parcel.
Can two co-owners file a single TODD?
Yes. Spouses owning community property and tenants in common may sign one deed, but each owner must sign personally and have a separate notary acknowledgment.
Does a divorce automatically remove an ex-spouse as beneficiary?
Yes. Section 114.106 treats a divorce as a revocation of the TODD as to the former spouse, just as Texas treats wills.
How quickly should I record the deed after notarization?
Yes, within days. Same-county recording within a week is the safe practice; under Section 114.055, the deed is void unless recorded before death.
Can I e-record a TODD without leaving home?
Yes. Approved e-recording vendors such as Simplifile and CSC accept signed and notarized PDFs, and most Texas counties return the file-stamped copy the same business day.
Related reading
- How to Fill Out Texas Affidavit of Heirship (w/Examples) + FAQs
- How to Fill Out Texas Application for Determination of Heirship + FAQs
- How to Fill Out Texas Application for Letters of Administration + FAQs
- How to Fill Out Texas Application to Probate Will (w/Examples) + FAQs
- How to Fill Out Texas Muniment of Title Application (w/Examples) + FAQs
- How to Fill Out Texas Small Estate Affidavit (Texas Probate) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs