If you own real estate in Texas, planning what happens to that property after your death is an important step. One option many property owners consider is a Transfer on Death Deed, often called a TODD. This tool can be useful, but it is not right for everyone. Understanding how it works can help you decide if it fits your situation.
This article explains Transfer on Death Deeds in simple terms, what they do, and when they may or may not be a good choice under Texas law.
What Is a Transfer on Death Deed in Texas?
A Transfer on Death Deed allows a property owner to name a beneficiary who will receive the property after the owner dies. While the owner is alive, the beneficiary has no ownership rights. The owner keeps full control of the property.
This means you can live in the home, sell it, refinance it, or change your mind at any time. The transfer only happens after death, and only if the deed was properly prepared and recorded.
How a Transfer on Death Deed Works
A Transfer on Death Deed must be signed and recorded in the county where the property is located before the owner passes away. After death, the beneficiary records proof of death and becomes the new owner.
The property does not go through probate for this transfer. This is one of the main reasons people consider a TODD.
Benefits of a Transfer on Death Deed
One benefit is avoiding probate for that specific property. Probate can take time and cost money. A TODD can make the transfer faster and more direct.
Another benefit is flexibility. The property owner can revoke or change the deed at any time before death, as long as the legal steps are followed.
For some families, this option feels simple and straightforward.
Limits and Risks to Be Aware Of
A Transfer on Death Deed does not protect the property from debts. If the estate owes money, creditors may still make claims against the property.
TODDs can also create problems if the owner has multiple beneficiaries, blended families, or plans that involve more than one asset. They do not replace a full estate plan.
In some cases, mistakes in how the deed is written or recorded can cause legal disputes later. A small error can make the deed invalid.
When a Transfer on Death Deed May Not Be Enough
If you own several properties, have minor children, want to control how and when property is used, or want to reduce family conflict, a TODD alone may not meet your goals.
Estate planning is not just about transferring property. It is also about clarity, protection, and peace of mind for your loved ones.
Final Thoughts on Transfer on Death Deeds in Texas: What Property Owners Should Know
Transfer on Death Deeds can be helpful in the right situation, but they should never be used without proper legal guidance. Every family and every property is different. What works for one person may cause serious problems for another.
At The Law Offices of Udo Ezeamama, we help Texas property owners understand their options clearly. We review whether a Transfer on Death Deed makes sense for your goals. We prepare and record deeds correctly under Texas law. We also advise clients on broader estate planning tools, including wills, trusts, and probate avoidance strategies.
Our firm takes the time to explain your choices in plain language. We focus on preventing future disputes, protecting your property, and making sure your wishes are followed. If you are considering a Transfer on Death Deed in Texas or want to review an existing one, our office is ready to guide you every step of the way.