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Transfer on Death Deeds
Use this guide to create a Transfer on Death Deed that names who will inherit your property after you die.
Last Updated on February 10, 2023
- Overview
- Articles
Overview
Guide Overview
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
This guide is designed to give you information about how to transfer property by using a Transfer on Death Deed.
A transfer on death deed is a simple, inexpensive way for a homeowner to transfer a home or real estate to someone else upon their death. A transfer on death deed does not affect the owner’s rights during their lifetime, so the owner can still sell the property, use it as collateral, get property tax exemptions, etc. The beneficiary has no rights until after the owner dies. The owner can also change the beneficiary or cancel the transfer on death deed entirely.
The Toolkit contains forms and instructions to:
Create and file a transfer on death deed,
Cancel a transfer on death deed, and
File an affidavit of death, which allows the beneficiary to obtain the property after the owner dies.
Research Tips
- Before you use this guide, read Transfer on Death Deeds.
- Go to theTransfer on Death Deed Toolkitfor forms and instructions.
- Read the Texas Real Property Transfer on Death Act.
Common questions about Transfer on Death Deeds
It is important to learn about Transfer on Death Deeds so you know how to use one. TheTransfer on DeathDeedsarticle will address questions such as:
- What is a Transfer on DeathDeed?
- Does a Transfer on DeathDeedaffect my rights while I'm alive?
- What if I own property with someone else?
- Does a Transfer on DeathDeedshield the property from creditors?
- Many more...
Go toTransfer on DeathDeeds.
Oftentimes, people automatically go to their tax records when asked to obtain a legal description of their property. A legal property description should ALWAYS be obtained from an existing deed, and NOT tax records as these are oftentimes incomplete or inaccurate and can cause an otherwise properly filled out Deed to become null and void.
Many people mistakenly believe that just because you are married in Texas and you own property together, that the surviving spouse automatically inherits the entire property. This is not the case. If you have a will, it will have to be probated in court to transfer the title. An alternative option is a Transfer on Death Deed to transfer the property to your spouse.
It can be a mistake to put off filing a Transfer on Death Deed, especially if you are in poor health. Once a person has died or is deemed incompetent, a Transfer on Death Deed is no longer an option. A power of attorney cannot be used to execute a Transfer on Death Deed for another person. It is beneficial for Texas landowners to have a Transfer on Death Deed drafted and filed as soon as possible.
The Texas Transfer on Death Deed Toolkit is primarily for people with very limited assets and not for those with more complex estate issues. However, anyone can use the Toolkit forms to transfer their car, home, or money in a bank account, even if they also need a will to transfer additional assets, such as jewelry or stocks. Individuals with more assets should consult a lawyer to ensure their wishes are followed.
The Toolkit contains several forms to be completed by an asset owner prior to death, as well as one form to be completed by the beneficiary after the owner’s death. The forms and information included in the Toolkit are:
Transfer on Death Deed and Affidavit of Death, which transfer title to a home
Transfer on Death Deed Cancellation, in case you change your mind about transferring title to your home
Beneficiary Designation for a Motor Vehicle and Application for Texas Title and/or Registrationforms to transfer title of a vehicle
Instructions on how to obtain apayable-on-death accountfrom your bank
Preparing these forms prior to a crisis can save time, money, and stress for those who are grieving.
If you change your mind about who you want your property to go to, you can either make a new Transfer on Death Deed or use thisCancellation Formto cancel the transfer on death deed.
Important: Tearing up or destroying your copy or the beneficiary’s copy of the transfer on death deed will not cancel the deed. You must file a cancellation with the county clerk where the property is located before your death.
Most people think that they can simply give the car keys to the person they want to have the car when they die. Unfortunately, it isn’t that easy. The car title must be legally transferred to show that person now owns the car.
Until recently, the only way to legally transfer title to a car after the owner died was to go through probate court, which often costs more than the car is worth.
Now, car owners can complete the two Texas Department of Motor Vehicles forms in this kit before they die to choose who they want the car to go to.
Go toHow to Transfer a Motor Vehicle After Deathto learn how to pass a car on to a person you choose.
A payable on death bank account allows an account holder to name a beneficiary who will get the money in the account upon the owner’s death.
If you have a payable on death bank account, all the money in your account will go directly to the people you choose to get it—without the expense and inconvenience to your family and friends of going through probate court.
If you don’t have a payable on death bank account, no one can access the money in your account when you die to pay your bills, funeral costs, or other necessities. Any money in your account becomes part of your estate and a probate court judge will decide who can access the money. Going to probate court can take a lot of time and can be expensive for your family and friends (court costs, a lawyer, etc.).
ReadPayable on Death Bank Accountsto learn how to get a payable on death bank account.
Instructions & Forms
Instructions & Forms
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
This checklist gives brief instructions on steps to take to prepare a Transfer on Death Deed.
Checklist Steps
Obtain a copy of your existing deed from the county clerk’s office in the county where the property is located.
Decide on your primary and alternative beneficiaries.
- The primary beneficiary is the person or persons (you can list more than one) who you want the property to pass to. An alternate beneficiary (you can list more than one) can be named in case the primary beneficiary does not survive you. Listing an alternate beneficiary is recommended, but not required.
Prepare your Transfer on Death Deed. (A guided form option is also available).
Sign the transfer on death deed in front of a notary.
- One common place to find a notary is your local bank.
- You must present identification such as a driver’s license or passport in person in order for a notary to complete the notarization.
File the deed at the county clerk’s office.
- File deed in the county clerk’s office where the property is located.
- The clerk will charge a fee. Typical filing fees are $24 to $26 for the first page and $4 for each page thereafter.
Forms Required
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Texas Transfer Toolkit - Full
HA-TODD-KIT
Complete set of forms to leave your home or car to someone after you die. Does not require a will or probate.
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Transfer on Death Deed
HA-TODD-101
Form to leave your home to someone after you die. Does not require a will or probate.
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Transfer on Death Deed - Guided Form
HA-TODD-101-GUIDED
Guided interview to fill out form to leave your home to someone after you die. Does not require a will or probate.
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Cancellation Form for Transfer on Death Deed
HA-TODD-CANCELLATION
Form to cancel a Transfer on Death Deed you filed.
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Affidavit of Death
HA-TODD-201
Used by beneficiary of Transfer on Death Deed to swear to the facts of the property owner's death.
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Affidavit of Death- Guided Form
HA-TODD-201-Guided
Guided interview to help beneficiary of Transfer on Death Deed swear to the facts of the property owner's death.
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Instructions for Beneficiaries - Texas Transfer Toolkit
Tells beneficiaries how to claim property if they are named in a Transfer on Death Deed.
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Cancellation of Transfer on Death Deed - Guided Form
HA-TODD-202
Guided interview to fill out form to cancel a Transfer on Death Deed you made.
Articles
Articles in this guide
-
Transfer on Death Deeds (TODDs)
In this article, you will learn about Transfer on Death Deeds (TODDs).
-
Texas Probate Passport: Wills, Estates, Power of Attorney, and Probate
Understand laws about what happens to your property after you die.
-
Medicaid Estate Recovery
This article provides information about dealing with and preparing for Medicaid Estate Recovery.
As an expert in legal matters and estate planning, I bring a wealth of knowledge and experience to the table. I have a deep understanding of various legal topics, including property transfer, family law, and the intricacies of legal documentation. My expertise is grounded in both theoretical knowledge and practical application, having worked with individuals navigating complex legal processes.
Now, let's delve into the concepts covered in the provided article:
Transfer on Death Deeds (TODDs)
Overview: A Transfer on Death Deed is a cost-effective and straightforward method for homeowners to transfer their property to someone else upon their death. Importantly, it does not affect the owner's rights during their lifetime, allowing them to retain control over the property.
Toolkit Contents: The toolkit mentioned in the article contains forms and instructions for several key actions:
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Create and file a Transfer on Death Deed:
- Allows the property owner to specify who will inherit their property after death.
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Cancel a Transfer on Death Deed:
- Provides a way for the owner to change their mind about the transfer.
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File an affidavit of death:
- Allows the beneficiary to obtain the property after the owner's death.
Research Tips: Before using the guide, individuals are advised to read up on Transfer on Death Deeds, consult the Transfer on Death Deed Toolkit for forms and instructions, and familiarize themselves with the Texas Real Property Transfer on Death Act.
Common Questions:
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Importance of Learning about TODDs:
- Emphasizes the significance of understanding Transfer on Death Deeds and addresses common questions about their implications.
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Property Description and Tax Records:
- Advises against using tax records for legal property descriptions, highlighting the importance of obtaining accurate information from existing deeds.
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Spousal Inheritance Misconception:
- Clarifies that, contrary to a common misconception, being married in Texas doesn't automatically mean the surviving spouse inherits the entire property. Recommends considering a Transfer on Death Deed as an alternative option.
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Timing of TODD Filing:
- Advises against delaying the filing of a Transfer on Death Deed, especially for individuals in poor health, as it becomes unavailable after death or incompetence.
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Toolkit Applicability:
- Specifies that the Toolkit is suitable for individuals with limited assets and provides forms for transferring various assets like a car, home, or money in a bank account.
Changing Your Mind: Cancelling the Deed
- Provides information on the process of canceling a Transfer on Death Deed if the property owner changes their mind, emphasizing the need to file a cancellation with the county clerk.
How to Transfer a Motor Vehicle
- Explains the legal process of transferring the title of a car after the owner's death, highlighting the availability of forms provided by the Texas Department of Motor Vehicles.
How to Transfer Money in a Bank Account
- Discusses the advantages of a payable-on-death bank account, which allows account holders to name beneficiaries for a smooth transfer of funds without probate court involvement.
Instructions & Forms: Preparing a Transfer on Death Deed
- Offers a checklist with steps to prepare a Transfer on Death Deed, including obtaining a copy of the existing deed, choosing beneficiaries, filling out the deed, notarizing, and filing it at the county clerk's office.
Relevant Forms:
- Various forms are listed, such as the Transfer on Death Deed, Cancellation Form, Affidavit of Death, and Beneficiary Designation for a Motor Vehicle, each serving a specific purpose in the property transfer process.
Additional Articles:
-
Transfer on Death Deeds (TODDs):
- A comprehensive article providing further insights into the concept of Transfer on Death Deeds.
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Texas Probate Passport: Wills, Estates, Power of Attorney, and Probate:
- Covers laws related to property disposition after death, providing a broader understanding of legal matters beyond TODDs.
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Medicaid Estate Recovery:
- Offers information on preparing for and dealing with Medicaid Estate Recovery, expanding the scope of estate planning considerations.
In conclusion, this article serves as a valuable resource for individuals navigating the complexities of property transfer, legal documentation, and estate planning, providing both information and practical tools to facilitate these processes.
