Texas Transfer on Death Deed: How It Works and Selling the House

Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Texas transfer on death deed (TOD deed) lets an owner name a beneficiary who receives the real estate at the owner’s death, without probate for that property. The law is Estates Code Chapter 114, and a deed only works if it is recorded with the county clerk before the owner dies. This guide covers what the statute requires, what the beneficiary receives and how to sell the house afterward.

What is a transfer on death deed in Texas?

A transfer on death deed is a deed that takes effect when the owner dies. Chapter 114 allows an individual to transfer an interest in real property to one or more beneficiaries this way (Sec. 114.051), and the chapter may be cited as the Texas Real Property Transfer on Death Act (Sec. 114.001).

It applies to deeds signed and acknowledged on or after September 1, 2015, by an owner who died on or after that date (Sec. 114.003).

The deed stays revocable no matter what it says (Sec. 114.052). During the owner’s life it does not give the beneficiary any interest, and it does not stop the owner from selling or borrowing against the house (Sec. 114.101). It also does not trigger a due-on-sale clause or affect the homestead exemption or the age 65 and disability exemptions.

What does a valid TOD deed need?

Sec. 114.055 sets three requirements. The deed must contain the essential elements and formalities of a recordable deed. It must state that the transfer to the beneficiary happens at the owner’s death. And it must be recorded before the owner’s death in the deed records of the county clerk’s office in the county where the property sits.

The owner needs the same capacity required to make a contract (Sec. 114.054). A TOD deed cannot be created through a power of attorney, so an agent cannot sign one for the owner. The beneficiary does not have to be told, receive the deed or accept it while the owner is alive, and no payment is required (Sec. 114.056).

If the deed is never recorded before death, it does not work, and the house goes through the owner’s will or Texas intestacy rules instead.

How is a TOD deed changed or revoked?

An owner can revoke by recording a later TOD deed or an express revocation that is acknowledged after the deed it revokes and recorded in the same county before death (Sec. 114.057). A will cannot revoke or override a TOD deed. When joint owners with a right of survivorship made the deed, it is revoked only if all living owners revoke it.

An owner who sells the house after signing a TOD deed can defeat it too. A later conveyance is valid against the beneficiary if a deed or memorandum of that sale is recorded in the same county before the owner’s death (Sec. 114.102).

What does the beneficiary receive?

The beneficiary must outlive the owner by 120 hours. If not, that share lapses and passes as if the deed were a gift in a will (Sec. 114.103). Several beneficiaries take equal undivided shares with no right of survivorship unless the deed says otherwise. The property passes without any warranty of title, even if the deed claims one.

The beneficiary takes the house subject to any mortgage, lien or other encumbrance on it at the owner’s death (Sec. 114.104). If the rest of the estate cannot cover debts, expenses, estate tax and certain family allowances, a personal representative can reach TOD-deed property, and a proceeding must start within two years of the death (Sec. 114.106). A beneficiary can also disclaim the interest under Chapter 122 (Sec. 114.105).

Recording the deed after the owner dies

The TOD deed itself is already recorded in the county deed records. To sell, a buyer and the title company will usually want proof that the owner died and that the beneficiary survived. The statute does not list those papers, so ask the title company what it requires before you list. We did not find an official page on those closing documents, so we do not state a list here.

How to sell a house in Texas when the owner left it to you by TOD deed

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.

Texas transfer on death deed FAQ

Is a transfer on death deed legal in Texas?

Yes. Estates Code Chapter 114 authorizes it for deeds signed and acknowledged on or after September 1, 2015 (Secs. 114.051 and 114.003).

When must a Texas TOD deed be recorded?

Before the owner's death, in the deed records of the county clerk's office where the property is located (Sec. 114.055).

Can a TOD deed avoid probate in Texas?

The property passes to the beneficiary at death without a probate transfer of that house. The beneficiary still takes it subject to mortgages and liens, and a personal representative can reach it for estate debts within two years of the death in some cases (Secs. 114.104 and 114.106).

Can the owner sell the house after signing a TOD deed?

Yes. The deed does not limit the owner's right to sell or mortgage the property during life (Sec. 114.101).

Sources

• Texas Estates Code, Chapter 114 (Transfer on Death Deed)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.