Does a transfer on death deed take effect while I am alive?

No. While you live, you keep the home, can sell it, and can revoke the deed. The named person gets nothing until you die.

Can my will change a transfer on death deed?

No. A will cannot revoke it. Revoking takes a new document recorded with the county clerk.

Does the deed have to be recorded?

Yes. The owner must record it with the county clerk before death. An unrecorded deed does nothing.

Learn

Can you leave your house without probate in Texas?

By Mickie Byrd, licensed Texas life insurance agent (NPN 22277248) · last reviewed 2026-07-11

Texas allows a tool called a transfer on death deed. It is written into the Texas Estates Code, and it works for a home or land. The deed names who receives the property when the owner dies. Done right, it lets the home pass without going through probate.

Two steps make it real. The owner signs the deed before a notary. Then the owner records it with the county clerk before death. That second step is the one families miss. An unrecorded deed does nothing at all, no matter how carefully it was signed.

While the owner is alive, nothing changes. They keep the home and can sell it whenever they like. They keep their homestead status and their taxes. They can revoke the deed at any time. The named person has no rights until the owner dies.

A will cannot revoke this deed. To undo it, the owner records a new document that revokes it. At death, the home passes to the named person without probate. They take it as it is, subject to any mortgage or liens still on it.

Under current Texas rules, a MERP claim reaches only the probate estate, so a home passed this way is generally outside its reach. Forms for this deed exist, but a small mistake in a deed is expensive to fix. A real estate or probate lawyer can prepare one correctly. Noting for family that this deed exists, and where it is recorded, keeps the plan from being lost.

Common questions

Does a transfer on death deed take effect while I am alive?: No. While you live, you keep the home, can sell it, and can revoke the deed. The named person gets nothing until you die.
Can my will change a transfer on death deed?: No. A will cannot revoke it. Revoking takes a new document recorded with the county clerk.
Does the deed have to be recorded?: Yes. The owner must record it with the county clerk before death. An unrecorded deed does nothing.

Getting your own affairs in order is free at The Legacy Kit™. A licensed person answers at 844-BYRD-FIN, and no one calls unless you ask.