Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Texas
Whether Texas lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Texas
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| Recordable-deed formalities | The deed must contain the essential elements and formalities of a recordable deed (§114.055), which in practice means it is signed and acknowledged before a notary like any Texas deed. |
| States transfer at death | The deed must state that the transfer to the beneficiary occurs at the transferor’s death. |
| Recorded before death | The deed must be recorded before the owner’s death in the deed records of the county where the property is located. A deed recorded after death is void. |
| No notice or consideration needed | The deed is effective without notice to or acceptance by the beneficiary during the owner’s life, and without consideration. |
| Key details and exceptions | What it means |
|---|---|
| Fully revocable, but not by will | The owner may revoke at any time before death by a recorded instrument, and a later deed of the same property revokes it. A transfer-on-death deed cannot be revoked by will. |
| Beneficiary takes subject to debts | The property passes subject to the owner’s liabilities, and creditors can reach transfer-on-death property for a statutory period after death. |
| Medicaid estate recovery | Texas Medicaid recovery has historically reached only the probate estate, so this deed may keep the home out of it. Confirm current state rules, because this is a planning point, not a guarantee. |
| Homestead and community property | Spousal, homestead, and community-property rights can override a transfer-on-death deed. A married owner should account for a surviving spouse’s rights. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Texas. This is legal information, not legal advice.
- Draft it as a recordable deed that names a beneficiary
A Texas transfer-on-death deed must meet the formalities of a recordable deed and state that the transfer happens at your death. Use a form built for Chapter 114.
- Record it before death
File the deed in the county deed records before you die. A transfer-on-death deed recorded after death is void, so do not leave it in a drawer.
- Do not try to change it by will
You can revoke or replace the deed with a recorded instrument during life, but a will cannot revoke it. Handle any change through the deed records.
- Account for a spouse and homestead
Community-property and homestead rights can override the deed. A licensed Texas estate attorney can confirm it fits your situation. The State Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Texas TOD deeds
Texas has allowed transfer-on-death deeds since 2015, and they are a clean way to pass a home without probate. Under Estates Code Chapter 114 the deed must have the formalities of a recordable deed, state that the transfer happens at your death, and, crucially, be recorded before you die. That last point is where people fail: a deed found in a drawer and recorded after death is void. You keep full control during life, owe no consideration, and need not tell the beneficiary. You can revoke or replace the deed with a recorded instrument, but not by will, so a change buried in your will has no effect on the deed. Two planning notes: the beneficiary takes the property subject to your debts, and community-property and homestead rights can override the deed for a married owner. Medicaid recovery in Texas has historically reached only the probate estate, so the deed may help there, but confirm the current rules.
Common questions
Can I use a transfer-on-death deed in Texas?
Yes. Texas has allowed transfer-on-death deeds since 2015 under Estates Code Chapter 114. The deed must meet recordable-deed formalities, state that the transfer happens at death, and be recorded before you die.
What happens if the Texas TOD deed is not recorded before death?
It is void. Chapter 114 requires the deed to be recorded in the county deed records before the owner’s death. A deed recorded after death has no effect.
Can I revoke a Texas transfer-on-death deed with my will?
No. You can revoke it with a recorded instrument, or by deeding the property to someone else, during your life. A will cannot revoke a transfer-on-death deed in Texas.
Does a Texas TOD deed avoid Medicaid estate recovery?
It may. Texas Medicaid recovery has historically reached only the probate estate, and this deed passes property outside probate. It is a planning point, not a guarantee, so confirm the current rules.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.