TRANSFER ON DEATH DEED (TODD)

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A Transfer on Death Deed is a legal document authorized under Texas law that allows you to designate who will receive your real property when you pass away.

Unlike a traditional deed, a Transfer on Death Deed does not transfer ownership immediately.

Instead:

• You remain the owner during your lifetime. 
• You continue to control, sell, refinance, or mortgage the property. 
• The designated beneficiary receives ownership only upon your death, provided the deed has not been revoked. 

For many Texas homeowners, the family home is their most valuable asset.

Without proper planning, transferring that property may require a probate proceeding.

A Transfer on Death Deed can often simplify that process by allowing ownership to pass directly to your named beneficiary after your death.

It can be an excellent planning tool when used in the appropriate circumstances.

No.

One of the biggest misconceptions is that signing a Transfer on Death Deed means you've given your home away.

It does not.

You continue to:

• Own the property 
• Live in the home 
• Sell the property 
• Refinance the property 
• Mortgage the property 
• Revoke or replace the deed 

Nothing changes during your lifetime.

 You may name almost anyone you choose, including:

• Your spouse 
• One or more children 
• Other family members 
• Friends 
• A trust 
• Other individuals or entities permitted by law 

You may also designate an alternate beneficiary in case your primary beneficiary does not survive you.

Yes.

As long as you have legal capacity, you may revoke or replace your Transfer on Death Deed at any time during your lifetime.

The beneficiary has no ownership interest while you are living.

You remain completely in control of your property.

 For the real estate covered by the deed, it often can.

However, it is important to understand that a Transfer on Death Deed does not avoid probate for:

• Bank accounts 
• Vehicles 
• Personal property 
• Investments 
• Other assets titled solely in your name 

It affects only the real property described in the deed.

Not always.

While a TODD is an excellent solution in many situations, it is not appropriate for every family.

Other planning options—including a Revocable Living Trust, enhanced estate planning, or traditional probate planning—may better accomplish your goals depending on:

• Family dynamics 
• Multiple beneficiaries 
• Minor children 
• Tax considerations 
• Creditor issues 
• Long-term planning objectives 

During your consultation, we'll help determine which approach best fits your circumstances.

No.

The beneficiary has no ownership rights during your lifetime.

You remain the sole owner until your death.

Yes.

You may sell, refinance, mortgage, or otherwise dispose of the property exactly as you could before signing the deed.

Yes.

A Transfer on Death Deed may generally be revoked during your lifetime as permitted under Texas law. 

Not necessarily.

A Transfer on Death Deed only transfers the specific real property described in the deed.

A Will addresses your entire estate.

In many cases, both documents work together as part of a comprehensive estate plan.

Every estate plan is customized.

If a Transfer on Death Deed is appropriate for your circumstances, we can prepare and record one as part of your overall planning.