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Attorney-Approved Transfer-on-Death Deed Document for the State of Texas

The Texas Transfer-on-Death Deed is a legal document that allows property owners to designate beneficiaries who will receive their property upon their death, without the need for probate. This form simplifies the transfer process and can help avoid complications for heirs. To learn more about how to fill out the form, click the button below.

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Contents

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Additional State-specific Transfer-on-Death Deed Templates

Washington Tod Deed - The deed takes effect only after the owner's death, providing flexibility and control during their lifetime.

What Are the Disadvantages of a Transfer on Death Deed? - This deed simplifies the inheritance process by allowing direct transfer of property upon the owner's death.

Utah Transfer on Death Deed Form - This deed offers a way to provide for loved ones without complex legal arrangements.

Oklahoma Transfer on Death Deed - A Transfer-on-Death Deed must be formally executed and recorded to be valid and enforceable.

Similar forms

The Texas Transfer-on-Death Deed (TODD) is similar to a Will in that both documents allow individuals to dictate how their property will be distributed after their death. A Will takes effect upon death and goes through probate, which can be a lengthy process. In contrast, a TODD allows for the direct transfer of property to a beneficiary without the need for probate. This can simplify the process for loved ones and help avoid delays in accessing the property.

Sample - Texas Transfer-on-Death Deed Form

Texas Transfer-on-Death Deed Template

This Transfer-on-Death Deed is made pursuant to Texas Property Code Section 113.001.

By this deed, I, [Grantor's Full Name], residing at [Grantor's Address], hereby transfer my interest in the following real property to the designated beneficiary upon my death:

[Description of Property]
[County of Property]

I designate the following individual(s) as my beneficiary(ies):

[Beneficiary's Full Name] - Relationship: [Relationship to Grantor]
[Beneficiary's Full Name] - Relationship: [Relationship to Grantor]

This deed revokes any previous Transfer-on-Death Deeds made by me on the aforementioned property. All rights to this property should remain with me during my lifetime, and the beneficiary(ies) shall take no rights until my death.

This Transfer-on-Death Deed is effective immediately upon recording in the county where the property is located.

Signed this [Date]

_____________________________
[Grantor's Signature]

Witnessed by:

_____________________________
[Witness 1's Name]
_____________________________
[Witness 2's Name]

State of Texas
County of [County]

Before me, the undersigned authority, on this day personally appeared [Grantor's Full Name], known to me (or proved to me on the oath of [Witness 1's Name] and [Witness 2's Name]), to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed.

Given under my hand and seal of office this [Date].

_____________________________
[Notary Public's Name]
Notary Public, State of Texas

Misconceptions

Understanding the Texas Transfer-on-Death Deed (TODD) can be challenging, and several misconceptions often arise. Below are six common misunderstandings about this important legal document.

Misconception 1: A Transfer-on-Death Deed automatically transfers property upon death.

This is not true. The property does not transfer until the owner passes away. The deed simply allows for a transfer to occur without going through probate.

Misconception 2: A TODD is only for real estate.

While the TODD applies specifically to real property, it does not cover personal property or financial assets. It's essential to have separate plans for those items.

Misconception 3: You cannot revoke a Transfer-on-Death Deed.

This is incorrect. A TODD can be revoked or amended at any time before the owner's death. This flexibility allows for changes in circumstances or intentions.

Misconception 4: All heirs will automatically inherit the property.

Only the designated beneficiary named in the TODD will inherit the property. If no beneficiary is named, the property may go through probate.

Misconception 5: A TODD avoids all taxes and fees.

While a TODD can help avoid probate, it does not eliminate potential taxes or fees associated with the property transfer, such as property taxes or capital gains taxes.

Misconception 6: A TODD is a complicated process that requires a lawyer.

While legal advice can be beneficial, the process of creating a TODD is relatively straightforward. Many individuals can complete the form on their own, as long as they follow the required steps.

Listed Questions and Answers

What is a Texas Transfer-on-Death Deed?
A Texas Transfer-on-Death Deed (TODD) is a legal document that allows a property owner to transfer their real estate to a designated beneficiary upon their death. This deed bypasses the probate process, making it a simpler and often quicker way to transfer property.
Who can use a Transfer-on-Death Deed in Texas?
Any individual who owns real estate in Texas can create a Transfer-on-Death Deed. This includes homeowners, landowners, and those who hold title to property. However, it is important to ensure that the deed is executed properly to be valid.
How do I create a Transfer-on-Death Deed?
To create a Transfer-on-Death Deed, you must complete the form, which includes details such as the legal description of the property, the name of the beneficiary, and your signature. It is crucial to have the deed notarized and recorded with the county clerk's office where the property is located.
Are there any costs associated with a Transfer-on-Death Deed?
Yes, there are some costs involved. You may need to pay a fee for notarization and for recording the deed with the county clerk. These fees can vary by county, so it’s a good idea to check with your local office for specific amounts.
Can I change or revoke a Transfer-on-Death Deed?
Yes, you can change or revoke a Transfer-on-Death Deed at any time while you are alive. To do this, you must create a new deed that either changes the beneficiary or explicitly revokes the previous deed. Remember to record the new or revoked deed with the county clerk.
What happens if the beneficiary predeceases me?
If the designated beneficiary passes away before you do, the property will not automatically transfer to them. Instead, the property will become part of your estate and will be distributed according to your will or Texas intestacy laws if you do not have a will.
Is a Transfer-on-Death Deed the same as a will?
No, a Transfer-on-Death Deed is not the same as a will. While both documents deal with the distribution of property after death, a TODD specifically transfers real estate outside of probate, whereas a will must go through the probate process to be executed.
Can I use a Transfer-on-Death Deed for any type of property?
A Transfer-on-Death Deed can only be used for real estate, such as residential homes, land, and commercial properties. It does not apply to personal property, bank accounts, or other assets. For those, different estate planning tools may be necessary.