This legal research guide provides information on topics such as elder care, wills and estate planning, and medical directives.
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A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate.
This procedure can be used for property like land, houses, buildings, and vehicles. A person may choose to leave the property to one or more people (referred to as "beneficiaries"). Additionally, organizations like charities or religious institutions can also be beneficiaries. If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD.
The records must be recorded before the property holder's death. Transfer on death deeds are recorded in the county the property is located in. Check with the county clerk's office for records of existing transfer on death deeds.
Enhanced life estate deeds (often called Lady Bird deeds) are similar to TODDs but have a few key differences. A Lady Bird deed is a type of life estate deed that allows an owner to designate a beneficiary but still make decisions about the property. The owner can choose to sell or mortgage the property without the permission of the beneficiary.
Like a TODD, the property will automatically transfer to the beneficiary after the owner's death. Unlike a TODD, a Lady Bird deed can be executed by an agent with power of attorney over the owner.
This FAQ provides a helpful explanation of how a transfer on death deed (TODD) works and answers other basic questions on the topic.
This post from Texas Agriculture Law Blog helps answer many questions about transfer on death deeds (or TODD), including basic functions and pros and cons.
This blog post outlines some of the typical pros and cons that come with transferring real property prior to death instead of waiting for it to pass through a will.
Informative blog post on enhanced life estate deeds (frequently referred to as "Lady Bird deeds") from the Texas Agriculture Law Blog.
eFileTexas's self-help section contains an interactive interview that will help you create completed forms for a transfer on death deed. Select "transfer on death deed" from the list of types of filings.
Use these guided forms to cancel a transfer on death deed you have created. Sometimes called a "revocation." Select "cancellation of transfer on death deed" from the list of types of filings.
This toolkit from the Texas Access to Justice Commission includes information, instructions, and forms for a Transfer on Death Deed and a Cancellation of a Transfer on Death Deed, Affidavit of Death, Beneficiary Designation for a Motor Vehicle and Application for Texas Title and/or Registration.
This title from O'Connor's includes form templates for wills, trusts, and other estate planning procedures. A template for a Lady Bird deed is in 2:15.
