Transfer on Death Deed Forms
This page contains links to the toolkits that can guide you through using or cancelling a Transfer on Death Deed. The forms are located inside the toolkits at the links below.
The Transfer on Death Deed form is inside this toolkit at the link above.
A Transfer on Death Deed (TODD) is a simple, inexpensive way to transfer real estate to someone else upon your death. It does not involve going through probate court, which can be a lengthy and costly process. It works similarly to a life insurance policy or a payable on death account at a bank, because the real estate passes to your beneficiary upon your death outside the probate system.
The Cancellation of Transfer on Death Deed form is inside this toolkit at the link above.
If you change your mind and decide you do not want the primary or alternate beneficiaries listed in your transfer on death deed to own the property upon your death, use this form to cancel the Transfer on Death Deed. See the General Instructions to the Transfer on Death Deed Kit for information on cancelling a transfer on death deed by filing a new transfer on death deed or after a divorce.
Tearing up or destroying your copy or the beneficiary’s copy of the transfer on death deed will not cancel the deed.
The Affidavit of Death form is inside this toolkit at the link above.
When the property owner who created the transfer on death deed dies, this form is used by a named beneficiary to get legal ownership of the property.
Title to the property does not pass to the beneficiary or beneficiaries until the affidavit of death is filed. Without legal title, you cannot sell the property, get property tax exemptions, or use the property as collateral for a loan.
All Transfer on Death Deed Forms are inside this toolkit at the link above.
What is a Transfer on Death Deed?
Texas state law allows real property owners to record a “Transfer on Death Deed” naming a beneficiary to own that real property after they die. With a properly recorded Transfer on Death Deed, you do not need to go through probate court to transfer real property.
I already have a will, so why would I want a Transfer on Death Deed?
Whether you have a will or not, your property will still have to go through the probate court system. A Transfer on Death Deed conveys property outside of probate. The avoidance of probate allows for you to avoid incurring court costs and administrative costs to deed the property to your beneficiary. Under current law, it also excludes the real property from Medicaid estate recovery.
Does a Transfer on Death Deed Replace a Will?
The Transfer on Death Deed does not replace a will. The will remains an important part of your estate plan. Your will may provide how property without beneficiary designations passes, and may provide what happens if all beneficiaries predecease you. Your will may allow you to provide in detail who gets items of personal property, including your motor vehicles, heirlooms, and furniture. You should consult an attorney about how a Transfer on Death Deed fits into your estate plan.