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What is a Texas transfer-on-death (TOD) deed? A Texas transfer-on-death deed form is a special type of deed form that transfers Texas real estate to named beneficiaries upon an owner's death. It works much like a transfer-on-death designation on a bank account.
The Transfer on Death Deed takes effect upon your death, so the property never becomes part of your estate. When you die, your property interest passes to the person you named in the Transfer on Death Deed (the ?beneficiary?) without any probate action.
You can use a Transfer on Death Deed to give your home to someone after you die. Although you make it before you die, it is not a will. Usually, a willed property must go through probate court before it goes to your heirs.
Typically, a General Warranty Deed is used. One or more of the identified heirs may wish to transfer or sell their interest in the property. The Deed is signed by the heirs for this purpose. Once the deed is signed and notarized, the property may be transferred or sold ing to the heirs' wishes.
Effective September 1, 2015, Texas joined the growing number of states that allow owners of real estate to transfer property to their beneficiaries outside the probate process by creating the Texas Transfer on Death Deed.