Transfer on Death Deed for Texas Land: How It Works

Short answer: A transfer on death deed lets a Texas landowner name who gets the land at death, so it can pass without probate. Under Texas Estates Code Section 114.055 it works only if it has the formalities of a recordable deed, states that the transfer happens at the owner's death, and is recorded before the owner dies in the deed records of the county where the land is. During the owner's life it changes nothing: Section 114.101 says it does not affect the owner's rights, does not give the beneficiary any interest, and does not trigger a due-on-sale clause, so the owner can still sell or borrow against the land. At death, Section 114.104 says the beneficiary takes the land subject to everything it was subject to then, such as liens and easements. It can be revoked by a later recorded deed or a recorded revocation, but Section 114.057 says a will cannot revoke it.

Many Texas families end up with land in a dead parent's name and no clear way to move it: no will, or a will nobody wants to probate. A transfer on death deed is a tool that can prevent that. The owner signs and records it during life, names who gets the land, and keeps full control until death. This guide explains what the Texas Estates Code requires, what the deed does and does not do, and what the person who receives the land should check.

This article is general information. It is not legal advice. Have a Texas attorney prepare or review a transfer on death deed; small mistakes can make it fail.

What a transfer on death deed is

It is a deed that transfers land to one or more named beneficiaries when the owner dies, instead of at signing. Until then, nothing changes for the owner. For the land it covers, the point is to let it pass outside the estate, so the family does not need probate, a muniment of title or an affidavit of heirship just to put that land in the beneficiary's name.

What makes it valid

Texas Estates Code Section 114.055 sets three requirements. The deed must:

1. contain the essential elements and formalities of a recordable deed;
2. state that the transfer to the beneficiary happens at the owner's death;
3. be recorded before the owner dies, in the deed records of the county clerk where the land is located.

The third one trips people up. A signed deed found in a drawer after the funeral does nothing; it had to be recorded while the owner was alive. Section 114.054 adds that the owner needs the same mental capacity required to make a contract.

What it does while the owner is alive: nothing

Estates Code Section 114.101 is clear that during the owner's life the deed does not:

• affect the owner's interest or rights, including the right to transfer or encumber the land;
• create any legal or equitable interest for the beneficiary, or expose the land to the beneficiary's creditors;
• affect the rights of the owner's own creditors;
• count as a transfer that triggers a due-on-sale clause in a mortgage.

So the owner can still sell, lease or borrow against the land. If the owner sells it, the deed simply has nothing left to transfer for that land.

Changing your mind

Section 114.057 lets the owner revoke a transfer on death deed with either a later transfer on death deed that revokes it, or an instrument of revocation that expressly revokes it. Either one must be acknowledged after the original and recorded before death in the county where the deed was recorded. The same section says plainly that a will may not revoke or supersede a transfer on death deed. Updating a will is not enough; the change has to be recorded.

What the beneficiary gets

At the owner's death, Section 114.104 says the beneficiary takes the land subject to all conveyances, encumbrances, assignments, contracts and other interests the land was subject to at that time. In practice that means:

• a mortgage or other lien stays with the land;
• unpaid property taxes stay with the land; see how to look up taxes owed;
• easements, leases and recorded restrictions still apply.

Before selling or keeping the land, the beneficiary should pull the county record and ask a title company what it will need to insure a sale. Our guide on reading a title commitment helps with that step.

A short checklist for owners

1. Decide who should receive the land, and whether one person or several should share it.
2. Have a Texas attorney prepare the deed so it has every element of a recordable deed and says the transfer happens at your death.
3. Sign it with the formalities the county clerk requires, and record it in the county where the land is, while you are alive.
4. Keep a copy with your other papers and tell the beneficiary where it is.
5. If your plans change, record a new transfer on death deed or a revocation; a new will alone will not change it.

If there was no transfer on death deed

Then the land usually passes under a will or the intestacy rules, and the family uses another path to put it in the heirs' names: a muniment of title, an affidavit of heirship, a small estate affidavit or full probate. If an heir lives in an inherited house, see what happens to the homestead exemption.

If you received land you do not plan to keep

A beneficiary who does not want the land can sell it like any owner once the title company is satisfied. If you want a number to compare with keeping it, you can ask us for a written cash offer.

Common questions

Does a transfer on death deed avoid probate in Texas?

For the land it covers, it is designed to: the land goes to the named beneficiary at the owner's death instead of through the estate. The beneficiary still takes it subject to any liens and other interests the land had at the owner's death, under Texas Estates Code Section 114.104.

What makes a Texas transfer on death deed valid?

Under Estates Code Section 114.055 it must contain the essential elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner dies in the deed records of the county where the land is located. Section 114.054 says the owner needs the same capacity as to make a contract.

Can I still sell my land after signing a transfer on death deed?

Yes. Estates Code Section 114.101 says the deed does not affect the owner's rights during life, including the right to transfer or encumber the land, gives the beneficiary no interest yet, and does not trigger a due-on-sale clause.

Can my will change a transfer on death deed?

No. Estates Code Section 114.057 says a will may not revoke or supersede a transfer on death deed. To change it, record a later transfer on death deed that revokes it, or a recorded instrument of revocation, before death.

What does the beneficiary get at the owner's death?

The land, subject to everything it was subject to at the owner's death, such as conveyances, encumbrances, assignments, contracts and other interests, under Section 114.104. If there is a mortgage or a tax lien, it stays with the land.

Sources

• Texas Estates Code Section 114.055 (requirements of a transfer on death deed)
• Texas Estates Code Section 114.101 (effect during the owner's life)
• Texas Estates Code Section 114.104 (effect at the owner's death)
• Texas Estates Code Section 114.057 (revocation)
• Texas Estates Code Section 114.054 (capacity)

Each source was opened and read on October 21, 2026. Rules and rates change: check the source for the current version.

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