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When you die, the person you named as your beneficiary must go to the county clerk’s office with a certified copy of your death certificate. The clerk will then transfer ownership of the property to your beneficiary.

Note that a transfer-on-death deed is different from a will. A will only takes effect when you die, and it goes through probate. Probate is the legal process of transferring your property to your beneficiaries after you die.

A transfer-on-death deed, on the other hand, transfers ownership of your property directly to your beneficiary upon your death, without going through probate.

How to Fill Out a Transfer-on-death Deed?

Here are some crucial questions that you need to respond to in order to write a proper transfer-on-death deed.

Step 1 – Who is the grantor?

The grantor is the person who owns the property.

Step 2 – What type of property is being transferred?

Only certain types of property can be transferred using a transfer-on-death deed. In Texas, these include real estate, vehicles, bank accounts, and securities.

Step 3 – Who is the beneficiary?

The beneficiary is the person who will receive the property upon the grantor’s death.

Step 4 – What is the value of the property?

This is optional, but it’s a good idea to include an estimate of the property’s value.

Step 5 – How do you want the property to be transferred?

There are two options here. You can either transfer the property outright to the beneficiary, or you can give the beneficiary a life estate in the property.

A life estate means that the beneficiary has the right to live in the property for their lifetime, but they don’t own it outright.

Step 6 – Are there any conditions on the transfer?

You can include any conditions you want, but keep in mind that, if the beneficiary doesn’t meet the conditions, they will not receive the property.

Step 7 – Where should the deed be recorded?

The deed should be recorded with the county clerk.

Step 8 – Who should sign the deed?

The grantor should sign the deed, in front of a notary public.

How to Make a Transfer-on-death Deed in Texas

Making a transfer-on-death deed in Texas is a fairly simple process.

First, you’ll need to fill out the deed form. You can get this form from the county clerk’s office or from an online legal service.

Next, you’ll need to sign the deed in front of a notary public.

Finally, you’ll need to file the deed with the county clerk. Once it’s filed, the deed is valid and will take effect upon your death.

You can change your beneficiary at any time by simply filling out a new deed and filing it with the county clerk.

Note that, in Texas, a transfer-on-death deed only applies to certain types of property. You can use a transfer-on-death deed for real estate, vehicles, bank accounts, and securities.

You cannot use a transfer-on-death deed for personal property, like furniture or jewelry. For that, you’ll need a will.

Conclusion

A transfer-on-death deed is a simple way to transfer ownership of your property to your beneficiaries upon your death, without going through probate.

If you own a few pieces of property and you want to avoid probate, a transfer-on-death deed may be the way to go.

To make a transfer-on-death deed in Texas, you’ll need to fill out the deed form, sign it in front of a notary public, and file it with the county clerk. You can change your beneficiary at any time by simply filling out a new deed and filing it with the county clerk.

Note that, in Texas, a transfer-on-death deed only applies to certain types of property. You cannot use a transfer-on-death deed for personal property, like furniture or jewelry. For that, you’ll need a will.

If you have any questions about making a transfer-on-death deed in Texas, or if you need help drafting one, you should contact an experienced estate planning attorney. An attorney can help you understand your options and choose the best way to transfer your property upon your death.