The House That Skips Probate
Estates Code 114.055 — recorded before death, revocable always, and no will can undo it
In Texas, an individual may transfer an interest in real property to one or more beneficiaries, effective at the individual's death, by a transfer on death deed. It is revocable even if the deed or another instrument says otherwise.
What makes it effective. It contains the essential elements and formalities of a recordable deed, states that the transfer is to occur at the transferor's death, and is recorded before the transferor's death in the deed records of the county clerk where the property is located.
Capacity. The capacity to make or revoke one is the same as to make a contract, and one may not be created through a power of attorney.
Revoking it, and what cannot. A later transfer on death deed or an instrument of revocation, acknowledged and recorded before the transferor's death, revokes it. A will may not revoke or supersede it. A divorce judgment revokes it as to a former spouse if notice of the judgment is recorded before the death.
At death. A beneficiary who survives the transferor by 120 hours takes the interest; two or more take equal shares with no right of survivorship. The deed transfers the property without a warranty of title.
| The question | The statute's answer |
|---|---|
| The questionWhere it is recorded | The statute's answerThe deed records of the county clerk where the property is, before the transferor's death |
| The questionCan a will change it | The statute's answerNo; a will may not revoke or supersede it |
| The questionThrough a power of attorney | The statute's answerIt may not be created that way |
Creditor claims against the property, the beneficiary's disclaimer and the statutory forms are not all on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Texas attorney.
Sources for this section (6)
- Estates Code 114.055 — Requirements
- Estates Code 114.051 — Transfer on death deed authorized
- Estates Code 114.052 — Transfer on death deed revocable
- Estates Code 114.054 — Capacity of transferor; use of power of attorney
- Estates Code 114.057 — Revocation by certain instruments; effect of will or marriage dissolution
- Estates Code 114.103 — Effect of transfer on death deed at transferor's death
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.