TODD Deed Legal Help

Plan future property transfer with simple legal steps.

In this video:

What are some of the benefits of creating a TODD?
How do I complete a TODD?

Transfer On Death Deed Services

The transfer on death deed (TODD) allows you to transfer real estate to someone else after you die. If you die without a will or a TODD, your heirs must go through probate court. This lengthy process is required to adhere to the law to inherit the property. There are many advantages to having a TODD. The main reason is that you are taking care of all of the costs prior to your death. Therefore, your heirs do not pay court fees and attorney costs after you die. The transfer on death deed (TODD) is ideal, because you can remove and rename your beneficiary at any time. Since you retain the rights to your property, you can use it for collateral on a loan. You could also decide to sell your property. TODDs are usually used to name a beneficiary such as a family member or a spouse. This grants the property to the surviving spouse if one dies. Price: $400 (Setup an Appointment).

Protecting Your Property for Beneficiaries

Are TODD's More Beneficial Than a Will?

You can also name multiple beneficiaries, a trust, an organization, charities, and more. You can name an alternate beneficiary if your first beneficiary dies first. The beneficiary’s signature is not required which is a benefit in assigning your assets after you die.

You can transfer land, homes, buildings, uncut timber and mineral rights with a transfer on death deed. You cannot transfer personal property like furniture, clothing, cars, etc.

It is important to understand that even if you have a will, your property does not transfer to the beneficiary on upon your death. Your property will still have to go through the probate court system. With the transfer on death deed, your beneficiaries can avoid that court process and unnecessary court cost. Since Texas is a community property state, the surviving spouse can claim the deceased’s share of the property without a will. However, this requires court and legal costs, so a transfer on death deed is more advantageous.

It is necessary to have a transfer on death deed recorded prior to the property owner’s death. A transfer on death deed that is recorded after someone’s death is not valid.

Other Important Information About TODD's

Liens and judgments are not removed with a transfer on death deed. Those liens and judgments still affect the property and the title.

To cancel a transfer on death deed, you either need to name a new beneficiary or record a cancellation of transfer on death deed. If you go through a divorce and your transfer on death deed names your spouse, then your divorce decree will override that.

Can you transfer your property to a beneficiary after you die? There are many ways to transfer ownership, but one of the least costly ways is by creating a transfer on death deed.

FAQ

How Do You Transfer Real Estate After Death?

How Do You Assume a Mortgage From a Family Member?

You are not liable to creditors if you were not originally on the loan. If you have an assumable mortgage, the new borrower can pay a flat fee to take over the existing mortgage and become responsible for payment. But they will still typically need to qualify for the loan with your lender. But you can still transfer a mortgage to another person if the terms of your mortgage say that it is assumable. There are different types of real estate transactions to help you with this situation.

Do You Need to Go Through Probate Court to Complete a TODD?

Can You Do a TODD Before Someone Passes?

A TODD has to be recorded prior to the person passing for it to be valid. If the deed is not recorded before the death of the grantor, it is ineffective. It must be signed, notarized, and recorded in the county where the property is located as the legal description of the property in tax records can be or inaccurate. is located as the legal description of the property in tax records can be or inaccurate.

View Other Types of Deed Transactions

Special Warranty Deed – Transfer Ownership

Quitclaim Deeds

Transfer on Death Deed (TODD)

Gift Deeds

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.

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