Transfer on Death Deeds Now Valid in Texas

September 2015

The Transfer on death is the same as other conveyances, except upon Grantor's death title can then be traceried to the Grantee. 

Texas property owners now have a new tool to avoid probate. Effective September 1, 2015, Texas Estate Code Section 114.151 allows for Transfer on Death Deeds. Lawmakers believe this provision will provide a simplified process for the non-probate transfer of real estate.

A Transfer on Death deed operates the same as any other conveyance, except that title does not pass to the grantee until the grantor’s death.  The property conveyed passes outside of the grantor’s estate.  To be effective, a Transfer on Death Deed must be signed, notarized, and recorded in the deed records of the county where the property is located prior to the death of the grantor. It may not be created through the use of a power of attorney. An unrecorded Transfer on Death Deed is ineffective to convey property.

Read the full article by Donald T. Hueske and Ashley Howie Tallichet -  click here