🏠 Protecting Your Home & Real Estate in Texas
What Happens to Your Property When You Die?
For many people, the most valuable thing they own is their home.
You may have spent 20 or 30 years paying for it. You may have built equity in it. You may even own it completely.
But have you thought about this question?
What happens to my house when I die?
Many homeowners assume:
“My spouse will automatically get it.”
“My children can just take over the house.”
“I put it in my will, so they won't have to deal with probate.”
Unfortunately, transferring real estate after death isn't always that simple.
The good news is that Texas provides estate-planning options that may make transferring real property easier when planning is done before death.
📄 FIRST: Find Out How Your Property Is Owned
Before deciding what estate-planning tool you need, start with something simple:
Look at your current deed.
Your deed identifies the legal ownership of your property.
Don't rely only on:
“We bought the house together.”
or
“We've been married for 30 years.”
or
“I've always paid the mortgage.”
Those facts may matter, but they don't replace reviewing the actual deed and understanding how the property is legally owned.
📝 HOMEOWNERSHIP WORKSHEET
Property Address:
Name(s) currently shown on deed:
County where property is located:
Do I have a copy of my deed?
☐ Yes
☐ No
☐ Not sure
Is there currently a mortgage?
☐ Yes
☐ No
Mortgage company:
Approximate mortgage balance:
Who do I want to receive this property when I die?
Do I have a will?
☐ Yes
☐ No
Have I already completed another estate-planning deed?
☐ Yes
☐ No
☐ I don't know
⚠️ A WILL DOESN'T AUTOMATICALLY KEEP YOUR HOUSE OUT OF PROBATE
You can absolutely address real estate in a will.
However, remember what we learned on the previous page:
Having a will does not automatically avoid probate.
When property passes under a will, probate may still be necessary to establish and administer the transfer.
There are other estate-planning methods that may allow real property to transfer outside the probate process.
One Texas option worth knowing about is the:
🏡 TRANSFER ON DEATH DEED — TODD
A Transfer on Death Deed, commonly called a TODD, allows a Texas property owner to designate one or more beneficiaries to receive the owner's interest in real property upon the owner's death.
Here's what makes this interesting:
You aren't giving your house away today.
While you're alive, the beneficiary does not receive a present legal or equitable interest merely because you created the TODD.
You continue to control your property.
Texas law also allows a TODD to be revoked during the owner's lifetime when the legal requirements for revocation are followed.
💡 SIMPLE EXAMPLE
Let's say:
Mary owns her Texas home.
Mary wants her daughter Lisa to receive the home when Mary dies.
Mary might investigate whether a Transfer on Death Deed is appropriate for her situation.
If Mary properly creates and records a valid TODD naming Lisa, Mary's interest can transfer to Lisa at Mary's death according to the deed.
But Mary still owns and controls her home while she's alive.
That distinction is extremely important.
🟢 CAN I PREPARE A TRANSFER ON DEATH DEED MYSELF?
Potentially, YES.
Unlike some other types of deeds, Texas law specifically governs Transfer on Death Deeds under Chapter 114 of the Texas Estates Code, and official/self-help resources are available.
However, real-estate deeds are legal documents, so you need to understand the requirements before using one.
A TODD isn't appropriate for every homeowner or every estate.
🟡 DOES A TRANSFER ON DEATH DEED NEED TO BE NOTARIZED?
A TODD must satisfy legal requirements applicable to a recordable deed, and the document must be acknowledged.
In practice, that means the owner's signature is typically acknowledged before a notary public or other officer authorized to take acknowledgments.
🚨 DO NOT SIGN IT FIRST and then decide you'll worry about the notary or other requirements later.
Follow the instructions accompanying the form.
🔵 DOES THE TODD HAVE TO BE FILED?
YES — and this part is extremely important.
A Transfer on Death Deed must be recorded before the property owner's death in the deed records of the county where the real property is located.
If someone completes a TODD, puts it in a drawer and dies without having it properly recorded, they have not satisfied this crucial statutory requirement.
Think:
PREPARE → SIGN/ACKNOWLEDGE PROPERLY → RECORD → KEEP A COPY
Not:
PREPARE → PUT IT IN THE SAFE → FAMILY FINDS IT AFTER DEATH
Texas Estates Code Chapter 114 governs these requirements.
📄 WHERE DO I GET THE TEXAS TODD FORM?
Texas provides a statutory Transfer on Death Deed form and related self-help resources.
➡️ GET TEXAS TRANSFER ON DEATH DEED INFORMATION & FORM
Texas Judicial Branch — Official Forms
Look for the Transfer on Death Deed Kit.
⚠️ IMPORTANT
Do not use the worksheet on this page as your deed.
Our worksheet is only intended to help you gather information.
Use the appropriate Texas legal form and instructions.
🔄 WHAT IF I CHANGE MY MIND?
This is another benefit people should understand.
A properly created TODD is revocable.
That means creating one does not necessarily lock you into that beneficiary forever.
For example, circumstances could change because of:
💔 Divorce
👨👩👧 Family changes
⚰️ Death of a beneficiary
🏠 Selling the property
🤝 Relationship changes
💰 Changes in your estate plan
However, changing your mind mentally—or simply destroying your personal copy—is not necessarily enough. Texas law establishes requirements for revoking a TODD.
Follow the proper legal procedure.
💳 WHAT IF I STILL HAVE A MORTGAGE?
Having a mortgage does not necessarily prevent estate planning for the property.
And a TODD does not erase a mortgage.
The beneficiary generally receives the property subject to applicable existing interests and obligations.
Texas law specifically provides that creating a TODD does not itself trigger a due-on-sale clause.
Don't confuse:
Receiving ownership of a house
with
Receiving a completely paid-off house.
Those are two different things.
👩❤️👨 “BUT WE'RE MARRIED…”
This is where I want married homeowners to pay particular attention.
Don't assume that because two people are married, everything concerning the house automatically takes care of itself.
Texas recognizes community property, separate property and survivorship arrangements, and the way property passes at death depends on the particular circumstances.
Texas also allows spouses to enter into qualifying community property survivorship agreements, under which covered community property can pass to the surviving spouse outside a testamentary transfer.
Your first question should be:
How is our property actually owned and what happens to that ownership when one of us dies?
🤝 WHAT ABOUT “RIGHT OF SURVIVORSHIP”?
This is another phrase people hear and sometimes misunderstand.
A survivorship arrangement can allow property to pass to a surviving owner when another owner dies.
But don't assume:
“Both our names are on it, so it automatically has right of survivorship.”
Texas has specific legal requirements concerning survivorship agreements.
If you're depending on survivorship to transfer your home, verify that the proper legal arrangement actually exists.
🐦 WHAT IS A LADY BIRD DEED?
You may have heard someone say:
“Just get a Lady Bird deed.”
A Lady Bird Deed, also called an enhanced life estate deed, is another estate-planning tool used in Texas.
It can designate who will receive property when the owner dies while allowing the owner to retain substantial control during life, including the ability to sell and generally change or revoke the arrangement. It can also allow real property to transfer outside probate.
But here's where our DIY rule changes:
🔴 I WOULD NOT TREAT A LADY BIRD DEED AS A SIMPLE DIY FORM.
There is no official Texas statutory Lady Bird Deed form comparable to the official TODD resources.
The Texas State Law Library specifically recommends speaking with an attorney before creating or signing a new deed because mistakes can have significant consequences.
So for our members:
TODD → 🟢 DIY may be possible using Texas resources
Lady Bird Deed → 🔴 Attorney strongly recommended
That's exactly the distinction we want this membership to teach.
⚠️ DON'T RANDOMLY ADD SOMEONE TO YOUR DEED
Someone may tell you:
“Just put your child's name on your house now.”
Please don't make that decision casually.
Giving someone an ownership interest today is very different from arranging for that person to receive the property after your death.
Changing ownership can have legal, creditor, tax, Medicaid, mortgage and estate-planning consequences.
The Texas State Law Library warns that changing deed language can have serious legal implications and that there is no one-size-fits-all deed for changing property ownership.
Protecting property doesn't mean rushing to put someone else's name on it.
Understand what you're signing first.
❌ BE CAREFUL WITH QUITCLAIM DEEDS
Don't automatically assume a quitclaim deed is the easy answer because you found a cheap form online.
The Texas State Law Library notes that Texas real-estate attorneys often caution against using quitclaim deeds and explains that deed selection and wording can have serious legal consequences.
This is another situation where saving a few dollars today could create an expensive title problem later.
🔴 WHEN SHOULD I GET AN ATTORNEY?
Consider getting help from a Texas estate-planning or real-estate attorney when:
⚠️ You're unsure who actually owns the property
⚠️ The deed contains names of deceased people
⚠️ Multiple heirs already have interests in the property
⚠️ You have a blended family
⚠️ You want different people to receive different interests
⚠️ Someone has a life estate
⚠️ There are liens or complicated debts
⚠️ You're considering a Lady Bird Deed
⚠️ You're trying to remove or add an owner
⚠️ Property is owned by a trust, LLC or other entity
⚠️ You own property in more than one state
⚠️ Someone is receiving Medicaid or other needs-based benefits
⚠️ You're concerned about creditors
⚠️ You're not sure whether a TODD fits your situation
⚠️ You don't understand the deed you're being asked to sign
Remember:
Getting an attorney doesn't necessarily mean handing over your entire estate-planning process.
Sometimes you simply need professional help with the complicated part.
📋 MY PROPERTY PROTECTION CHECKLIST
Let's turn what you've learned into something you can actually do.
THIS WEEK:
☐ Locate my current property deed
☐ Confirm exactly whose name is on it
☐ Determine whether there is an existing survivorship arrangement
☐ Locate my mortgage information
☐ Write down who I want to receive my property
☐ Review my current will
☐ Determine whether I already have a TODD or other estate-planning deed
☐ Review the official Texas TODD information
☐ Write down questions I don't understand
☐ Decide whether my situation is simple enough for DIY or whether I should speak with an attorney
Don't put this page down and simply say:
“I'll handle it later.”
Even completing the first three items means you know more about your property than you did before.
❤️ THE GOAL
You worked hard for your property.
The purpose of estate planning isn't simply to decide who gets the house.
It's to make the transition as clear as reasonably possible so your family isn't standing in a courthouse, title company or attorney's office later saying:
“We don't know what we're supposed to do.”
Plan while you can make the decisions yourself.
➡️ NEXT: Bank Accounts, Beneficiaries & Your Money
Next we'll look at something that can sometimes be much easier to address than real estate:
💰 Checking accounts
💰 Savings accounts
📈 Investment accounts
🏦 Payable-on-Death beneficiaries
👥 Joint accounts
📋 Beneficiary designations
And most importantly:
Can some of your money pass directly to the person you choose without going through your will or probate?
← PAGE 2: UNDERSTANDING PROBATE IN TEXAS
🏠 ESTATE PLANNING HOME
PAGE 4: BANK ACCOUNTS, BENEFICIARIES & YOUR MONEY →
⚖️ IMPORTANT DISCLAIMER
This information is provided for general educational purposes only and is not legal, financial or tax advice.
Real-estate ownership and estate planning can have significant legal and financial consequences. Do not sign, alter or record a deed solely because you read about it here.
Official forms do not guarantee that a particular estate-planning method is appropriate for your circumstances. When ownership is complicated or you don't understand the legal effect of a document, consult a licensed Texas attorney before signing or recording it.