Transfer on Death Deeds in Texas

If you own a home in Texas and you don’t plan for what happens after you pass away, your family may be forced into a long, expensive court process just to transfer the title and keep the property. 

At Garcia Legal Group, we’ve been helping more Texas families use a simple tool that can prevent that stress altogether:

The Transfer on Death Deed (TODD).  

What is a Transfer on Death Deed

A Transfer on Death Deed is a legal document that lets you name who receives your real property after you pass away, without transferring ownership while you’re alive.  

That’s the key:

• You keep full control during your lifetime
• Your beneficiary gets nothing while you’re alive
• The transfer happens only after death  

Why Texas Families Are Using TODDs More Than Ever

Most families don’t realize how quickly things can get complicated after a death:

• Someone needs access to the home
• Utilities, taxes, insurance, and mortgage still exist
• Family members don’t always agree
• Title companies want clear paperwork

A TODD can help avoid the “stuck” season by creating a clear plan ahead of time.  

What Makes a TODD So Powerful

A properly prepared TODD can help your family avoid a long court process because:

• It does not transfer ownership today
• It transfers ownership automatically after death
• It can be changed or revoked while you’re alive  

It’s designed specifically to help property owners plan ahead without giving up control.  

What a TODD Does (and Does Not) Do

A TODD can:

• Name one or more beneficiaries to receive the property after death
• Keep you in full control while you’re living
• Help your family avoid delays and extra steps tied to a court process  

A TODD does not:

• Automatically solve family disagreements
• Fix title problems, liens, or complicated ownership situations
• Replace careful planning when multiple heirs or disputes are likely  

That’s why we always say: the tool matters, but the situation matters more.

Basic Requirements Texas Homeowners Need to Know

A TODD must be done correctly to work.

In general, a TODD must be:

• Signed and notarized
• Recorded in the county where the property is located
• Recorded before the owner passes away  

If it isn’t recorded properly and on time, it may not accomplish what your family needed it to accomplish.  

Who a TODD Works Best For

A Transfer on Death Deed often fits best when:

• You own property and want it to go to a specific person after death
• You want to keep full control today
• You want something simpler than a long court process for your family
• Your ownership situation is straightforward  

When a TODD Might NOT Be the Best Move

A TODD can be the wrong tool when:

• Multiple heirs may dispute ownership
• You want shared control during your lifetime
• The title has complications (liens, unclear ownership history, etc.)
• You need a more complete plan than “who gets the house”  

This is where families get hurt: they use a powerful tool in the wrong situation.

Common Mistakes We See Homeowners Make

Here are the biggest TODD problems we see:

1. They never record it. If it isn’t recorded with the county before death, the plan may fail.  
2. They use the wrong names or incomplete beneficiary info. Small errors can create big headaches later when transferring title.
3. They don’t review the title first, If the ownership is messy, a TODD can create confusion instead of clarity.  
4. They assume “this avoids everything." A TODD helps with property transfer, but it isn’t a one-size-fits-all solution.  

How Garcia Legal Group Helps

When clients come to us for a TODD, we focus on making it clear, correct, and complete:

• Confirm the property and ownership details
• Help identify the right deed tool for your goals
• Prepare the document properly
• Guide you through signing and recording
• Make sure you leave with copies and clarity

Because this is bigger than paperwork.

This is about keeping your family out of confusion later.

Atalia A. Garcia. Machell C. Williams.

Garcia Legal Group. People, Not Case Numbers.

📞 (972) 996-2329

Quick FAQ

Do I lose control of my house if I sign a TODD?

No. A TODD does not transfer ownership today. It becomes effective after death.  

Can I change it later?

Yes, a TODD is designed to be revocable.  

Does my beneficiary have to sign anything now?

Typically, the beneficiary does not control the property during your lifetime.