Transfer on Death Deed in Texas
A Transfer on Death Deed lets your Texas real estate pass directly to the people you choose — without probate. Flat fee: $400.
What Is a Transfer on Death Deed?
A Transfer on Death Deed (TODD) is a legal document that transfers your Texas real estate to someone else after you die.
Without a will or a TODD in place, your heirs must go through probate court to transfer ownership of real estate — a lengthy process with court fees and attorney costs. A TODD is the easiest method to transfer ownership after someone passes: your beneficiaries avoid the court process and the unnecessary costs that come with it.
A TODD is for Texas property owners who want their land, home, or other real estate to go directly to a family member, a spouse, or even a charity — without putting their heirs through probate. You can name multiple beneficiaries, a trust, or an organization, and you can even name an alternate beneficiary. Your beneficiary does not need to sign anything.
Even with a will, real estate still has to go through probate without a TODD. And while Texas is a community property state — where a surviving spouse can claim a deceased spouse’s share without a will — doing so still requires going to court and paying legal costs. A TODD is the simpler, more advantageous path.
How It Works
Four simple steps to protect your property.
Tell us who should inherit
Name your beneficiary — a family member, spouse, multiple people, a trust, or a charity. You can also name an alternate. No signature from them is required.
We prepare your TODD
An attorney drafts the Transfer on Death Deed for your Texas property.
Sign and record it
You sign the deed, and we record it with the county. It must be recorded before the owner’s death — a deed recorded after death is not valid.
Done — change it anytime
A TODD is rescindable. Remove or rename your beneficiary at any time. You keep full ownership meanwhile — sell the property or borrow against it whenever you like.
What It Costs
One flat fee. No surprises.
Transfer on Death Deed — flat fee
A TODD avoids up to two probates — and your heirs save the court fees and attorney costs they would otherwise pay after you’re gone.
Frequently Asked Questions
Answers from our Texas real estate practice.
Do I still need probate if I have a will?
Even with a will, your real estate still has to go through probate without a TODD. With a TODD in place, your beneficiaries avoid the court process and the unnecessary court costs.
What property can a TODD transfer?
A TODD can transfer land, homes, buildings, uncut timber, and mineral rights. It cannot transfer personal property like furniture, clothing, or cars.
Can I change or cancel my TODD?
Yes. A TODD is rescindable — you can remove or rename your beneficiary at any time. You keep full rights to the property while you’re alive, including the right to sell it or use it as collateral for a loan.
When does the TODD need to be recorded?
The TODD must be recorded with the county before the property owner’s death. A deed recorded after death is not valid.
Ready to Protect Your Property?
Call Maas Law Firm today for a flat-fee Transfer on Death Deed.
(210) 468-1831