[TX] How does a Transfer on Death Deed work if one spouse dies, and can it be revoked or replaced with a trust?

Lexi, Chatbot

I understand that navigating the process of a Transfer of Death Deed can be confusing. Have you already signed and notarized the deed?

Lexi, Chatbot

Which county are you planning to file the deed in?

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others.

Could you please confirm if you are planning to file the Transfer of Death Deed in Ellis County after notarization?

Richard

• 1. Is the property in question your primary residence or an investment property?
  2. Are there any existing mortgages or liens on the property that you're aware of?

Richard

In Texas, including Ellis County, you’re correct that once your Transfer on Death Deed (TODD) is signed and notarized, the next required step is to file (record) it with the County Clerk’s Office in the county where the property is located.

Here’s what to do:

Sign and Notarize the Deed

• All current owners listed as grantors must sign before a notary.
• The notary must properly complete the acknowledgment.

File (Record) the Deed

• Take or mail the original, notarized deed to the Ellis County Clerk’s Office (Real Property Division).
• The filing must occur before your death for it to be legally effective. (TX Est Code § 114.055)
• The clerk will record it and return a stamped copy for your records.
• There will be a modest recording fee (usually around $26 for the first page and a few dollars per additional page).

Keep Copies

• Keep a recorded copy with your estate documents.
• Notify the named beneficiary of its location.

A few important notes:
The existence of a mortgage doesn’t prevent filing or validity, but the debt remains secured by the property, meaning the beneficiary takes it subject to that mortgage. (TX Est Code § 114.104)

If your HVAC financing created a mechanic’s or property improvement lien, that lien also stays attached to the property until paid.

In short: yes, file the notarized TODD with the Ellis County Clerk’s Office to make it legally effective.

Richard

Yes — once you pass away, and assuming the Transfer on Death Deed (TODD) was properly recorded before your death, the beneficiary becomes the legal owner automatically without probate.

Richard

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Richard

Good question — and it’s one that trips up a lot of people. In Texas, how a Transfer on Death Deed (TODD) works when there is more than one owner depends on how title is currently held.

Here’s how it breaks down:

1. If you hold title as joint tenants with right of survivorship
When one of you passes away, the surviving co-owner automatically becomes the sole owner by operation of law — the TODD does not transfer anything yet.

The TODD remains valid, but it only takes effect after the surviving owner dies. At that later time, the property passes to the named beneficiary (or beneficiaries).

2. If you hold title as tenants in common
Each owner’s share is separate and can pass independently.

If one of you passes away, the TODD for that person’s ownership interest becomes effective immediately for that person’s share only.

The surviving owner keeps their share. The beneficiary named in the deceased owner’s TODD then owns that deceased owner’s portion.

This can result in shared ownership between the surviving co-owner and the deceased owner’s beneficiary unless both co-owners signed matching TODDs naming the same person.

3. To determine which applies
Look at the current deed:
– If it says “joint tenants with right of survivorship” or “with rights of survivorship,” the first rule applies.
– If it just says “tenants” or “joint owners” without survivorship language, it’s usually tenancy in common, and the second rule applies.

In short:
Right of survivorship → TODD takes effect only after both owners die.
Tenants in common → TODD transfers the deceased owner’s interest immediately upon their death.

Richard

Yes, it is.

Richard

In Texas, a Transfer on Death Deed (TODD) can be revoked or replaced at any time while you are alive and still have legal capacity. (TX Est Code § 114.052)

Here’s how that works if you later decide to create a trust or change your estate plan:

1. Revoke the TODD outright
You must record one of the following before your death in the same county clerk’s office where the TODD was recorded (Ellis County):
– A Revocation of Transfer on Death Deed form (Texas provides a statutory revocation form); or
– A new TODD naming a different beneficiary (this automatically revokes the prior one as to that property).

2. Transfer the property into a trust instead
If you later create a revocable living trust and decide to place your home in it, you would:
– Sign and record a new deed transferring the property to the trustee of your trust.

That transfer overrides the prior TODD because once the property is retitled to the trust, it is no longer owned in your individual name — and the TODD only applies to property you personally own at death. (TX Est Code § 114.057)

3. Timing matters
Revocation or replacement must be recorded before your death in the county where the property is located.
An unrecorded revocation or will provision will not undo a recorded TODD.

Richard

No problem.