I want to pass on my house or land without probate.

It is important to learn about Transfer on Death Deeds so you know how to use one. 

Please read Transfer on Death Deed: Information and Answers.  The article will address questions such as:

• What is a Transfer on Death Deed?
• Does a Transfer on Death Deed affect my rights while I'm alive?
• What if I own property with someone else?
• Does a Transfer on Death Deed shield the property from creditors?
• Many more...

Go to Transfer on Death Deed: Information and Answers.  

Oftentimes, people automatically go to their tax records when asked to obtain a legal description of their property. A legal property description should ALWAYS be obtained from an existing deed, and NOT tax records as these are oftentimes incomplete or inaccurate and can cause an otherwise properly filled out Deed to become null and void.  

Many people mistakenly believe that just because you are married in Texas and you own property together, that the surviving spouse automatically inherits the entire property. This is not the case. If you have a will, it will have to be probated in court to transfer the title. An alternative option is a Transfer on Death Dead to transfer the property to your spouse. 

It can be a mistake to put off filing a Transfer on Death Dead, especially if you are in poor health. Once a person has died or is deemed incompetent, a Transfer on Death Dead is no longer an option. A power of attorney cannot be used to execute a Transfer on Death Dead for another person. It is beneficial for Texas landowners to have a Transfer on Death Deed drafted and filed as soon as possible.