Texas transfer on death deed: requirements, recording, and fees

Legal requirements

• An individual may transfer their interest in Texas real property to one or more beneficiaries, effective at death. §114.051
• The deed is revocable, even if it says otherwise. §114.052
• The owner needs the same capacity required to make a contract, and a TODD may not be created through a power of attorney. §114.054
• It must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded before death in the county clerk's deed records where the property is located. §114.055
• No notice, delivery, acceptance, or payment is needed. §114.056
• Chapter 114 applies to deeds signed and acknowledged on or after September 1, 2015. §114.003

Official forms

• TexasLawHelp transfer on death deed forms
• eFileTexas self-help interview: choose "transfer on death deed" (or "cancellation of transfer on death deed").
• Texas Access to Justice Commission, Texas Transfer Toolkit (PDF, forms dated Dec. 2021): TODD, cancellation, and affidavit of death forms with instructions.

How to fill out the TAJC form

1. Owner names and mailing addresses, written exactly as on the deed you received. Every owner who is signing is listed.
2. The legal description, copied from the recorded deed. The instructions warn not to use the tax bill description.
3. The property's physical address and county.
4. Choose one beneficiary section: A (married, property owned with your spouse), B (married, you own it alone and want your spouse to receive it), or C (all other situations). Name primary and alternate beneficiaries and initial the option for what happens if a beneficiary dies first.
5. Sign in front of a notary; don't sign or date it beforehand.
6. Fill in the "after recording, return to" section.

Recording and fees

Bring the original signed and notarized deed (not the instructions) to the county clerk where the property is located. Travis and Harris counties charge $25 for the first page and $4 for each additional page, and require original signatures. Travis County Clerk recording fees; Harris County Clerk real property fee schedule and requirements

After the owner dies

• A beneficiary who survives the owner by 120 hours receives the owner's interest; a lapsed share passes as a lapsed gift in a will would. §114.103(a)
• If the owner held the property as a joint owner with right of survivorship and another joint owner survives, the property goes to the surviving joint owner. §114.103(b)
• The beneficiary takes the property subject to mortgages and liens. §114.104(a) If the estate can't pay claims, a personal representative may enforce them against the property; such a proceeding must start within two years of death. §114.106
• The TAJC toolkit explains that the beneficiary records an affidavit of death with the county clerk to show legal ownership.

Common questions

Does a Texas transfer on death deed need to be notarized?

Yes. It must have the formalities of a recordable deed (§114.055(1)), and the official TAJC form instructs the owner to sign in front of a notary.

Can someone with power of attorney sign a transfer on death deed in Texas?

No. A transfer on death deed may not be created through use of a power of attorney (Texas Estates Code §114.054(b)).

What happens if the deed is not recorded before death?

It is not effective. Chapter 114 requires recording before the owner's death in the deed records of the county where the property is located (§114.055(3)).