Can the use of a Transfer on Death Deed (TODD) avoid the need for probate in Texas?

At the Law Office of Dana Baker, we guide our clients through the intricacies of estate planning in Texas, including the utilization of a transfer on death deed (TODD). A TODD is a vital legal instrument that enables individuals to pass on their property to chosen beneficiaries upon their demise, bypassing the probate process. This can apply to various types of assets such as real estate, including land and buildings, as well as vehicles.

Individuals have the flexibility to designate one or multiple beneficiaries, which can range from family members to organizations such as charities or religious entities. It’s important to note that the property owner retains the right to revoke the TODD at any time prior to their passing, should their intentions change.

For the TODD to be effective, it must be properly recorded prior to the property owner’s demise, typically with the county clerk’s office in the locale where the property is situated. It’s advisable to consult with the respective office to verify the recording of any existing TODDs.

Additionally, our firm can assist with understanding and drafting Enhanced Life Estate Deeds, commonly referred to as Lady Bird deeds. These deeds share similarities with TODDs but offer distinct advantages, such as allowing the property owner to maintain control over the asset during their lifetime, including the ability to sell or encumber the property without beneficiary consent.

For those considering such estate planning tools in Texas, the Law Office of Dana Baker is here to provide expert legal advice and assistance. Please feel free to contact us at 979-310-5507 for more information or to schedule a consultation.