04/01/2026
Recording a Transfer on Death Deed (TODD) is one of the smartest ways to keep your Texas home out of probate while maintaining full control of your property. 🏠
The real value of this strategy isn't just in the paperwork, it's in the timing. In Texas and Tarrant County, a TODD prevents your property from going through the probate courts.
Texas Estates Code § 114 provides a clear framework for this process. To be valid, the deed must be in writing, notarized, and include the property’s full legal description found on your original deed, not just the tax office address.
For homeowners in North Richland Hills or Grapevine, this simple recording ensures your property transfers to your beneficiaries after a 120-hour survivorship period. It effectively bypasses the probate court entirely. 📜
This approach is particularly effective for seniors and long-time homeowners because it preserves your homestead and Over-65 tax exemptions. You retain 100% ownership and can sell or mortgage the home at any time.
Because the transfer is revocable, a TODD doesn't trigger federal gift taxes or Medicaid transfer penalties. It also provides your heirs with a stepped-up cost basis, which can significantly reduce or eliminate capital gains taxes when they eventually sell. 📈
If you are helping a loved one with their estate, keep in mind that a TODD must be signed by the owner personally. Unlike a Lady Bird Deed, it cannot be executed by an attorney-in-fact under a Power of Attorney.
Whether you are downsizing in Keller or protecting assets in Haslet, having the right professional guidance ensures these details are handled correctly before they are needed.
Have you considered using a Transfer on Death Deed or a Lady Bird Deed in your own estate planning? I’m interested to hear which approach you find more beneficial for your situation. 💬
