I want to pass on my house or land without probate.
Transfer on Death Deeds
Overview
Guide Overview
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
This guide is designed to give you information about how to transfer property by using a Transfer on Death Deed. Before you use this guide, please read Transfer on Death Deed: Information and Answers.
Common questions about Transfer on Death Deeds
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...
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. Unfortunately once a person has passed, or is deemed incompetent, a Transfer on Death Dead is no longer an option. A power of attorney can NOT be used to execute a Transfer on Death Dead for another person. It is beneficial for Texas landowners to have a Transfer on Death Dead drafted and filed as soon as possible.
Instructions & Forms
Instructions & Forms
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
This checklist gives brief instructions on steps to take to prepare a Transfer on Death Deed.
Checklist Steps
Obtain a copy of your existing deed from the county clerk’s office in the county where the property is located.
Decide on your primary and alternative beneficiaries.
- The primary beneficiary is the person or persons (you can list more than one) who you want the property to pass to. An alternate beneficiary (you can list more than one) can be named in case the primary beneficiary does not survive you. Listing an alternate beneficiary is recommended, but not required.
Prepare your transfer on death deed. The Transfer on Death Deed forms are all available online.
Sign the transfer on death deed in front of a notary.
- One common place to find a notary is your local bank.
- You must present identification such as a driver’s license or passport in person in order for a notary to complete the notarization.
File the deed at the county clerk’s office.
- File deed in the county clerk’s office where the property is located.
- The clerk will charge a fee. Typical filing fees are $24 to $26 for the first page and $4 for each page thereafter.
Forms Required
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Transfer on Death Deed
HA-TODD-KIT
Form to leave your home to someone after you die. Does not require a will or probate. -
Cancellation Form for Transfer on Death Deed
HA-TODD-CANCELLATION
Form to cancel a Transfer on Death Deed you made. -
Affidavit of Death
HA-TODD-201
Used by beneficiary of Transfer on Death Deed to swear to the facts of the property owner's death. -
Instructions for Beneficiaries - Texas Transfer Toolkit
Tells beneficiaries how to claim property if they are named in a Transfer on Death Deed. -
Texas Transfer Toolkit - Full
Complete set of forms to leave your home or car to someone after you die. Does not require a will or probate. -
Transfer on Death Deed - Guided Form
HA-TODD-101
Guided interview to fill out form to leave your home to someone after you die. Does not require a will or probate. -
Affidavit of Death- Guided Form
HA-TODD-201-Guided
Guided interview to help beneficiary of Transfer on Death Deed swear to the facts of the property owner's death. -
Cancellation of Transfer on Death Deed - Guided Form
HA-TODD-202
Guided interview to fill out form to cancel a Transfer on Death Deed you made.
Articles
Articles in this guide
-
Transfer on Death Deeds (TODD)
A Transfer on Death Deed is a way that Texans can pass on land or a house without a will. -
Texas Probate Passport: Wills, Estates, Power of Attorney, and Probate
This article tells you about the law about what happens to your property after you die. The Texas Probate Passport” has been prepared by the Texas ... -
Medicaid Estate Recovery
This article provides information about dealing with and preparing for Medicaid Estate Recovery.