A transfer-on-death deed lets you name who will receive your real estate when you die, without giving up any ownership or control while you are alive. When it works, the property passes to your beneficiary without probate.
Texas has allowed these deeds since 2015 (Texas Estates Code, Chapter 114). They are one of the most useful tools available to Texas homeowners, and one of the most frequently mis-drafted.
How it works
- You sign a deed naming one or more beneficiaries.
- It must be signed before a notary and recorded in the county where the property is located before you die. A deed found in a drawer after death is not effective.
- You keep full ownership. You can live there, sell it, refinance it or change your mind.
- The beneficiary has no rights until your death and does not need to be told or agree.
- At your death, the property passes to the beneficiary. They typically record an affidavit of death with a death certificate.
Why people use them
- Avoiding probate for the home. For many Texas families, the house is the only asset that would otherwise require a court proceeding.
- Cost. A transfer-on-death deed is far less expensive than a trust.
- Control. Unlike deeding the property to a child now, you keep ownership, your homestead exemption and your protection from the child's creditors.
- Medicaid estate recovery. Because the property passes outside probate, a transfer-on-death deed can matter for families concerned about Texas estate recovery. See our Medicaid guide.
What it does not do
- It does not avoid mortgages or liens. The beneficiary takes the property subject to them.
- It does not fully shield the property from your creditors if the rest of your estate cannot pay your debts.
- A later will cannot revoke it. Only a later recorded deed or a recorded revocation can.
- It does not cover bank accounts, vehicles or other property. Those need their own designations.
The most common problems: the deed was never recorded; it names a beneficiary who died first with no backup named; it conflicts with the will so siblings end up with unequal shares nobody intended; or it names a minor or a person receiving disability benefits outright. Each of these is avoidable when the deed is drafted as part of the whole plan.
Naming beneficiaries carefully
Think through what happens if a beneficiary dies before you. You can name alternate beneficiaries, or direct that a deceased beneficiary's share goes to their children. If you name several people, they will own the property together and must agree on selling it. For a beneficiary who is a minor, has special needs or struggles with money, a trust is often the better recipient.
Is it right for you?
A transfer-on-death deed is often a strong fit for a single homeowner or a surviving spouse whose main asset is the house, especially when paired with a simple will and payable-on-death designations on accounts. It is less suitable when you own property in several states, want to control how and when a beneficiary receives the property, or have a complicated family situation.
Common questions
Can I do this myself with a form?
Texas provides a statutory form, and some people use it successfully. The risk is not the form itself but how it fits with the rest of your plan — alternate beneficiaries, your will, your accounts and your family. Fixing a problem after death is far more expensive than getting it right now.
Does my spouse need to sign?
If the home is community property, each spouse can only transfer their own interest. Married couples usually sign together, and should consider survivorship arrangements as well.
Can I change it later?
Yes. You can revoke or replace it at any time while you have capacity by recording a new deed or a revocation in the county records.
This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.