Texas transfer on death deed mistakes to avoid

1. Not recording before death. An unrecorded deed has no effect; it must be recorded in the deed records of the county where the property is located before the owner dies. §114.055(3)
2. Having an agent sign under a power of attorney. A TODD may not be created through a power of attorney. §114.054(b)
3. Copying the legal description from the tax bill. The official instructions warn it is usually incomplete; copy it from the recorded deed. Texas Access to Justice Commission, Texas Transfer Toolkit (PDF, forms dated Dec. 2021)
4. Expecting a will to change it. A will may not revoke or supersede a transfer on death deed. §114.057(b)
5. Tearing up the deed to cancel it. Revocation takes a recorded cancellation or a later TODD, acknowledged after the original and recorded before death; destroying a copy does not cancel it. §114.057(a)
6. Forgetting that a later sale controls. If the owner conveys the property and the conveyance is recorded in the same county before death, the TODD is void as to that buyer. §114.102
7. Overlooking survivorship. If the owner holds title with right of survivorship and a joint owner survives, the property goes to that joint owner, not the TODD beneficiary. §114.103(b)
8. Not recording a divorce. A divorce revokes the deed as to a former spouse only if notice of the judgment is recorded in the same county before the owner's death. §114.057(c)
9. Naming no alternates. A beneficiary must survive the owner by 120 hours; otherwise that share lapses. §114.103(a)
10. Assuming it clears debts. The beneficiary takes subject to mortgages and liens, and estate creditors may reach the property if the estate can't pay. §114.104, §114.106

About this page

Applies to

Texas, United States only. Rules in other states differ.

Official basis

• Texas Estates Code Chapter 114
• Texas Access to Justice Commission, Texas Transfer Toolkit (PDF, forms dated Dec. 2021)

Last verified

2026-09-24: every fact on this page was checked against the sources above on this date.

Review status

Not yet reviewed by a licensed Texas attorney Prepared from the primary sources listed. When a licensed Texas attorney reviews this page, their name and the review date will appear here.

The tool can

• Checks the Chapter 114 requirements for a Texas transfer on death deed
• Flags power-of-attorney, capacity, ownership, and beneficiary problems
• Links the official TexasLawHelp, eFileTexas, and TAJC forms
• Shows verified recording fees for Travis and Harris counties

The tool cannot

• Draft or record the deed for you
• Decide whether a deed is valid or how title is held
• Give Medicaid, tax, or creditor advice
• Give legal advice or represent you

When rules change

We re-check these sources at least every 90 days and after each regular Texas legislative session. When a statute, court form, or county fee changes, we update the tool and this page, change the date above, and record the change in the Texas rule update log (feed).

Common questions

Can a will override a Texas transfer on death deed?

No. A will may not revoke or supersede a transfer on death deed (Texas Estates Code §114.057(b)).

How do I cancel a Texas transfer on death deed?

Record a cancellation (instrument of revocation) or a later transfer on death deed, acknowledged after the original and recorded before death in the same county (§114.057(a)). Destroying a copy does not cancel it.