Skip to content
Oakclause

Transfer on Death Deed Laws in Texas

Texas allows transfer on death deeds under the Texas Real Property Transfer on Death Act, based on the uniform act, and the deed must be recorded with the county clerk before the owner's death.

Last checked . General information, not legal advice.

Texas at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes (Texas version)
Texas Estates Code ch. 114 (2015) follows the uniform act with Texas changes, including a uniformity clause in 114.005.
Recording rule
Before the owner's death
Recorded in the deed records of the county clerk where the property is located.

Sources

Last checked

The rules in Texas

Does Texas allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Texas: yes.

Has Texas adopted the Uniform Real Property Transfer on Death Act?

Yes (Texas version). Uniform act adopted in Texas: yes (texas version). Texas Estates Code ch. 114 (2015) follows the uniform act with Texas changes, including a uniformity clause in 114.005.

When must a transfer on death deed be recorded in Texas?

Recording rule in Texas: Before the owner's death. Recorded in the deed records of the county clerk where the property is located.

Where do the Texas transfer on death deed laws come from?

The rules above come from Tex. Est. Code 114.001, Tex. Est. Code 114.005 and Tex. Est. Code 114.055. Each source is linked on this page. We last checked them in October 2026.

Good to know

A transfer on death deed may not be created through use of a power of attorney (Tex. Est. Code 114.054).

A 2023 law (HB 4611, effective April 1, 2025) amended the creditor claims section, 114.106.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.