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Standard Index GroupThe End of Life PlannerUnited States by Valoren

General information · not a substitute for the advice of an attorney · Valoren is a publisher, not a law firm.

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Transfer-on-death deeds in Texas

What Texas’s own law and official pages say about transfer-on-death deeds: what the state calls the instrument, what it must say, how it is signed and recorded, and what happens at the owner’s death. Nothing on this page decides whether a deed suits a particular home or family, or how one should be written. That belongs to an attorney in Texas.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 11, 2026 – October 17, 2026

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The act: revoking the deed, capacity, a power of attorney, and its requirements

Sec. 114.051. … An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Sec. 114.052. … A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.

Sec. 114.054. (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b) A transfer on death deed may not be created through use of a power of attorney.

Sec. 114.055. REQUIREMENTS. To be effective, a transfer on death deed must: (1) … contain the essential elements and formalities of a recordable deed; (2) state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §§114.051–114.055

What the deed does, who may benefit, canceling it, and where it is recorded

A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate

Organizations like charities or religious institutions can be beneficiaries.

If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD. The deed must be recorded before the property holder's death. Transfer on death deeds are recorded in the county where the property is located.

Texas · general information · checked October 17, 2026 · Texas State Law Library

FAQ

Common questions

A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate

Organizations like charities or religious institutions can be beneficiaries.

If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD. The deed must be recorded before the property holder's death. Transfer on death deeds are recorded in the county where the property is located.

Texas · general information · checked October 17, 2026 · Texas State Law Library

Sec. 114.051. … An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Sec. 114.052. … A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.

Sec. 114.054. (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b) A transfer on death deed may not be created through use of a power of attorney.

Sec. 114.055. REQUIREMENTS. To be effective, a transfer on death deed must: (1) … contain the essential elements and formalities of a recordable deed; (2) state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §§114.051–114.055

A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate

Organizations like charities or religious institutions can be beneficiaries.

If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD. The deed must be recorded before the property holder's death. Transfer on death deeds are recorded in the county where the property is located.

Texas · general information · checked October 17, 2026 · Texas State Law Library

Sec. 114.051. … An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Sec. 114.052. … A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.

Sec. 114.054. (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b) A transfer on death deed may not be created through use of a power of attorney.

Sec. 114.055. REQUIREMENTS. To be effective, a transfer on death deed must: (1) … contain the essential elements and formalities of a recordable deed; (2) state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §§114.051–114.055

A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate

Organizations like charities or religious institutions can be beneficiaries.

If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD. The deed must be recorded before the property holder's death. Transfer on death deeds are recorded in the county where the property is located.

Texas · general information · checked October 17, 2026 · Texas State Law Library

Sec. 114.051. … An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

Sec. 114.052. … A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.

Sec. 114.054. (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b) A transfer on death deed may not be created through use of a power of attorney.

Sec. 114.055. REQUIREMENTS. To be effective, a transfer on death deed must: (1) … contain the essential elements and formalities of a recordable deed; (2) state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.

Texas · general information · checked October 11, 2026 · Tex. Est. Code §§114.051–114.055