A Texas transfer on death deed is used by a real estate owner to name a beneficiary who will inherit their property upon their passing. The instrument is the easiest method of bequeathing one’s property after death as it allows for the immediate transfer of real estate without the need for a will or court proceedings (referred to as “probate”). A property owner who has recorded a transfer on death deed remains entitled to convey the title by other means as well before their death, and they may revoke the deed at any time by executing a revocation form. A transfer on death deed does not protect the beneficiary against encumbrances, and they will be liable for any unresolved issues (e.g., debts, obligations, liens, etc.) affecting the title.
- Statutes: Chapter 5 – Conveyances, Chapter 114 – Transfer on Death Deed
- Formatting: § 191.007, § 11.002, § 11.003, § 11.008, § 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.