Transfer on Death Deed in Texas: How It Works

A Texas transfer on death deed passes a house to a named beneficiary at death without probate. Probate is the court process that proves a will and appoints a representative. The deed stays revocable during life and works only if recorded before death. HTX Sell My House buys the house then or takes it to the builders.

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What this means for you

A TOD deed avoids probate for one house. It does not replace a will or name an executor. It stays revocable. If the estate cannot pay its debts, the personal representative may reach the house. A lawyer can tell you whether a TOD deed fits your family.

What is a transfer on death deed in Texas?

Estates Code chapter 114 governs the Texas Real Property Transfer on Death Act. An owner may transfer real property to one or more beneficiaries effective at death by a transfer on death deed (Texas Estates Code §114.051, read 2026-10-27). The deed is nontestamentary and revocable (§114.053, §114.052) and applies to deeds executed on or after September 1, 2015 (§114.003).

How does a TOD deed compare to probate?

Probate proves a will and appoints a personal representative. A TOD deed avoids probate for the house because the property passes at death (Texas Estates Code §114.053, read 2026-10-27). It does not avoid probate for the whole estate. The statute says the property "is not considered property of the probate estate for any purpose" (Texas Estates Code §114.106(b), read 2026-10-27), but the personal representative may enforce the estate's liability against it if the estate is insufficient (Texas Estates Code §114.106(a), read 2026-10-27).

How do you create a TOD deed in Texas?

To be effective, a transfer on death deed must contain the essential elements of a recordable deed, state that the transfer occurs at the owner's death, and be recorded before death in the county where the property is located (Texas Estates Code §114.055, read 2026-10-27). The owner must have capacity to contract (§114.054(a)). The deed may not be created through a power of attorney (§114.054(b)). In Harris County, the County Clerk's Real Property Department files deeds in person or by mail (Harris County Clerk, read 2026-10-27).

Can you revoke a TOD deed?

Yes. A transfer on death deed is revocable regardless of a contrary provision (Texas Estates Code §114.052, read 2026-10-27). The owner can revoke it with a later TOD deed or a separate instrument of revocation that is acknowledged after the original deed and recorded before death in the same county (§114.057(a)). A will cannot revoke it (Texas Estates Code §114.057(b), read 2026-10-27). A divorce judgment can revoke it as to a former spouse if notice is recorded before death (§114.057(c)). Joint owners with right of survivorship revoke only if all living joint owners revoke (§114.057(e)). The owner can sell or mortgage the house during life; a later conveyance recorded before death voids the TOD deed as to that grantee (§114.101, §114.102).

What happens to the house at the owner's death?

If the beneficiary survives the owner by 120 hours, the interest transfers to the beneficiary (Texas Estates Code §114.103(a)(1), read 2026-10-27). If the beneficiary does not survive by 120 hours, the share lapses and passes under Subchapter D, Chapter 255, as if the deed were a devise in a will (Texas Estates Code §114.103(a)(2), read 2026-10-27). Two or more beneficiaries take equal undivided shares with no right of survivorship (§114.103(a)(3)). The deed transfers without a warranty of title (§114.103(d)). The beneficiary takes subject to liens and encumbrances at death (§114.104(a)) and may disclaim under Estates Code chapter 122 (§114.105).

Does a TOD deed protect the house from creditors?

No. If the estate is insufficient to pay a claim, expenses, taxes, or an allowance, the personal representative may enforce liability against the transferred property to the same extent as if it were probate property (Texas Estates Code §114.106(a), read 2026-10-27). The property is not considered part of the probate estate for other purposes (§114.106(b)). A creditor, distributee, spouse, guardian, or taxing authority may bring the proceeding if the representative does not within 90 days after a demand for payment (§114.106(c)). The proceeding must be commenced not later than the second anniversary of the owner's death (§114.106(e)). The court may award costs and reasonable attorney's fees (§114.106(f)).

What are the limits of a TOD deed?

  • It avoids probate for the house, not the whole estate. Other assets may still need probate.
  • It does not shield the house from creditors if the estate is insufficient (Texas Estates Code §114.106, read 2026-10-27).
  • It does not replace a will, name an executor, or dispose of other property.
  • It is revocable, so the beneficiary has no guaranteed inheritance until the owner dies without revoking.
  • It transfers without a warranty of title (Texas Estates Code §114.103(d), read 2026-10-27).
  • It cannot be created through a power of attorney (Texas Estates Code §114.054(b), read 2026-10-27).
  • It does not affect homestead rights, ad valorem tax exemptions, due-on-sale clauses, or the beneficiary's creditors during the owner's life (Texas Estates Code §114.101, read 2026-10-27).
  • A later conveyance by the owner, recorded before death, voids the TOD deed as to that grantee (Texas Estates Code §114.102, read 2026-10-27).

How does a TOD deed compare to a Lady Bird deed?

A Lady Bird deed is an enhanced life estate deed. The owner keeps a life estate and the power to sell or encumber the property, and the remainder passes to the beneficiary at death. It is governed by common law, not Estates Code chapter 114 (Texas State Law Library, read 2026-10-27). A TOD deed is the statutory deed under chapter 114. It is revocable, may name alternate beneficiaries, does not trigger a due-on-sale clause, and cannot be created through a power of attorney (§114.052, §114.054, §114.101). Both avoid probate for the house. Read how a Lady Bird deed works in Texas.

How HTX Sell My House fits in

If the house is in the Houston ZIP codes we work in and the family has decided to sell, there are two ways with us. We buy it: we make an offer and close once the title company can insure the sale. We take it to the builders for you: for an older house on a good lot, we bring it to the builders buying there and you take the best offer. Either way you pay nothing to talk to us. For the full probate picture, read selling a house in probate in Texas. If there was no will, read how an affidavit of heirship works in Texas. For siblings who disagree and heirs out of state, read selling an inherited house in Houston.

An assistant answers the phone and takes the details, and Susan or Alex calls back within one business day: (346) 752-6836. Tell us about the house.

This page is general information, not legal advice. HTX Sell My House is not a law firm and does not prepare TOD deeds or probate filings.

Questions people ask

Does a transfer on death deed avoid probate in Texas?

Yes, for the house. The deed is a nontestamentary instrument (Texas Estates Code §114.053, read 2026-10-27). The estate may still need probate for other assets or debts. A personal representative can reach the TOD property if the estate is insufficient (Texas Estates Code §114.106, read 2026-10-27).

Can the owner change their mind after recording a TOD deed?

Yes. It is revocable regardless of a contrary provision (Texas Estates Code §114.052, read 2026-10-27). The owner can revoke it with a later TOD deed or a recorded instrument of revocation (Texas Estates Code §114.057, read 2026-10-27). A will cannot revoke it (§114.057(b)).

What happens if the beneficiary dies first?

The beneficiary must survive the owner by 120 hours (Texas Estates Code §114.103, read 2026-10-27). If not, the share lapses and passes under Subchapter D, Chapter 255, as if the deed were a devise in a will (§114.103(a)(2)).

Does the beneficiary take the house free of the owner's mortgage?

No. The beneficiary takes subject to all liens and encumbrances at death (Texas Estates Code §114.104(a), read 2026-10-27).

Can a TOD deed be used for Medicaid planning?

It does not affect eligibility for public assistance during the owner's life, subject to federal law (Texas Estates Code §114.101(4), read 2026-10-27). At death, the property is not part of the probate estate for Government Code §546.0403 (read 2026-10-27), but the representative may enforce liability if the estate is insufficient (Texas Estates Code §114.106, read 2026-10-27).

Does a TOD deed replace a will?

No. It covers one piece of real property. It does not dispose of other assets or name an executor. A will is still needed for the rest of the estate.

Can a TOD deed be created through a power of attorney?

No. It may not be created through a power of attorney (Texas Estates Code §114.054(b), read 2026-10-27).

Where is a TOD deed recorded in Harris County?

In the deed records of the county clerk's office where the property is located (§114.055(3)). In Harris County, the Clerk's Real Property Department files deeds in person or by mail (Harris County Clerk, read 2026-10-27).

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