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Texas transfer-on-death deeds: a property-specific planning tool

A practical Texas estate-home guide. Start with the answer, then explore the details and official resources.

THE SHORT ANSWER

A Texas transfer-on-death deed, often called a TODD, is a recorded deed that can transfer an owner’s interest in real property to a named beneficiary at death. It is not a whole-estate plan, and it does not change ownership while the owner is alive. The deed must be properly completed and recorded in the county where the property sits before the owner dies.

What a TODD can do

Texas State Law Library guidance describes a TODD as a way to name one or more beneficiaries for real property such as land, a house, or a building. The transfer takes effect after death, and the owner can cancel the TODD during life. Chapter 114 of the Texas Estates Code governs this type of deed.

Because the deed concerns one real-property interest, it does not name an executor, direct personal property, settle debts, or replace a review of a will, trust, beneficiary designations, and ownership records. It is also different from casually adding someone to a deed during life. A Texas attorney can explain the effect of a proposed document on the particular title and estate plan.

Check the record before relying on it

Start with a current copy of the recorded deed and identify the county where the property is located. Confirm the legal description, current owners, intended beneficiary names, existing recorded interests, and whether an earlier TODD or other planning document exists. The Law Library notes that TODDs are recorded with the county clerk where the property is located and must be recorded before death.

Keep a record of where the original planning documents are stored, but do not assume a scan proves recording or title status. A title professional and attorney can review the public record and explain what documentation may be needed after death.

Questions to take to counsel

Ask whether the TODD fits the overall plan, how it coordinates with any will or trust, whether the beneficiary should be updated, and what happens if the beneficiary dies first or the property changes. EstatePath provides education and practical coordination only; it does not prepare a deed, give legal advice, or promise that a TODD avoids every estate or title issue.

GO TO THE SOURCE

Official resources

Texas State Law Library: Transfer Property after DeathTexas Estates Code, Chapter 114: Transfer on Death DeedTexas State Law Library: Wills & Directives

Sources inform this educational content; they do not endorse EstatePath. Content reviewed October 5, 2026. Not attorney-reviewed.

General education only. Your estate facts matter. A qualified Texas attorney, tax adviser and title professional should review individual decisions.
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